Rodriguez v. Commissioner of Social Security

Filing 16

ORDER adopting 15 Report and Recommendations.. Signed by Judge Roy B. Dalton, Jr. on 5/11/2017. (VMF)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION KELLY MARIE RODRIGUEZ, Plaintiff, v. Case No. 6:16-cv-1148-Orl-37GJK COMISSIONER OF SOCIAL SECURITY, Defendant. _____________________________________ ORDER In this social security appeal, Plaintiff seeks review of the Commissioner’s decision to deny her social security disability benefits. (Doc. 1.) In a Report and Recommendation issued April 26, 2017, U.S Magistrate Judge Gregory J. Kelly found that the administrative law judge failed to: (1) articulate specific reasons supported by the record for discounting the opinion of a one-time examining physician; and (2) consider pertinent portions of the physician’s opinion. (Doc. 15 (“R&R”).) Based on these errors, Magistrate Judge Kelly recommends that the Court reverse the Commissioner’s decision and remand the action for further administrative proceedings. (Id.) The parties did not object to the R&R, and the time for doing so has now passed. As such, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan. 28, 2016); see also Marcort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding none, the Court concludes that the R&R is due to be adopted in its entirety. -1- Accordingly, it is ORDERED AND ADJUDGED as follows: 1. U.S. Magistrate Judge Gregory J. Kelly’s Report and Recommendation (Doc. 15) is ADOPTED, CONFIRMED, and made a part of this Order. 2. Pursuant to 42 U.S.C. § 405(g), the decision of the Commissioner is REVERSED AND REMANDED. 3. The Clerk is DIRECTED to: a. Enter judgment in favor of Plaintiff Kelly Marie Rodriguez and against Defendant Commissioner of Social Security; and b. Close the file. DONE AND ORDERED in Chambers in Orlando, Florida, on May 11, 2017. Copies to: Counsel of Record -2-

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