Alzamora v. Commissioner of Social Security

Filing 21

ORDER adopting Report and Recommendations - re 18 Report and Recommendations. The final decision of the Commissioner is REVERSED pursuant to sentence four of 42 U.S.C. § 405(g) and REMANDED to the Commissioner for a calculation of an award of benefits commencing January 6, 2003, in accordance with the Social Security Act and Federal Regulations. The Clerk is directed to enter judgment accordingly. Thereafter, the Clerk is directed to close this case. Signed by Judge Carlos E. Mendoza on 7/11/2019. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

LEONORILDA ALZAMORA,
Plaintiff,
v.

Case No: 6:18-cv-618-Orl-41TBS

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER
THIS CAUSE is before the Court on Plaintiff’s Complaint (Doc. 1). Plaintiff seeks review
of the final decision of the Commissioner of Social Security (“the Commissioner”) denying her
Social Security Disability benefits and her Supplemental Security Income benefits. United States
Magistrate Judge Thomas B. Smith issued a Report and Recommendation (“R&R,” Doc. 18),
recommending that the Court reverse the Commissioner’s decision pursuant to sentence four of
§ 405(g) and remand the case only for a calculation of an award of benefits commencing January
6, 2003.
The United States filed an Objection (Doc. 19) to the R&R. The Objection does not take
issue with Judge Smith’s recommendation to reverse and to remand for a calculation of an award
of benefits but instead objects to the start date from which the benefits should be awarded. (Id. at
1–2). The United States contends that calculating benefits commencing January 6, 2003, would
violate the statutory requirements of the Social Security Act and the Commissioner’s regulations
as Plaintiff did not file her first Social Security Income claim until January 23, 2004. (Id.). The

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United States requests the Court remand the case “for calculation and payment of past due benefits
in accordance with the Social Security Act and the Commissioner’s regulations.” (Id. at 4).
Plaintiff filed a Response to Defendant’s Objection (Doc. 20). In its Response, Plaintiff
cites to Moran v. Comm’r of Soc. Sec., No. 6:15-cv-1065-Orl-40TBS, 2016 U.S. Dist. LEXIS
187890 (M.D. Fla. May 31, 2016). In Moran, the United States made a similar objection in a
similar scenario, and the Plaintiff proposed language which the Court adopted, so that the Order
stated “in accordance with the Social Security Act and Federal regulations” after the date proposed
by the R&R. Id. at 7. The Moran court reasoned, “[i]n this way, the Court does not make any
specific finding of Plaintiff's onset of disability and the Commissioner will not be required to award
benefits which are not legally available.” Id. at 5–6. The Plaintiff here proposes the same language
be adopted by this Court.
After a de novo review of the record, the Court agrees with the analysis set forth in the
Report and Recommendation and agrees that the language Plaintiff proposes is proper.
Accordingly, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 18) is ADOPTED and CONFIRMED and
made a part of this Order.
2. The final decision of the Commissioner is REVERSED pursuant to sentence four
of 42 U.S.C. § 405(g) and REMANDED to the Commissioner for a calculation of
an award of benefits commencing January 6, 2003, in accordance with the Social
Security Act and Federal Regulations.
3. The Clerk is directed to enter judgment accordingly. Thereafter, the Clerk is
directed to close this case.

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DONE and ORDERED in Orlando, Florida on July 11, 2019.

Copies furnished to:
Counsel of Record

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