Mineo et al v. Commissioner of Social Security

Filing 21

ORDER adopting Report and Recommendations re 20 Report and Recommendations. Signed by Judge Mary S. Scriven on 2/15/2012. (JDG)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

FRANK J. MINEO,
Plaintiff,
v.

Case No.: 8:10-cv-02716-MSS-MAP

MICHAEL J. ASTRUE
Defendant.
________________________________/
ORDER
THIS CAUSE comes before the Court for consideration of the Plaintiff’s
Complaint seeking review of the denial of his claims for disability insurance benefits.
(Dkt. 1) On January 24, 2012, United States Magistrate Judge Mark A. Pizzo issued a
Report and Recommendation, recommending that the decision of the Commissioner of
Social Security “be reversed and judgment be entered for the Plaintiff with instructions
remanding

the

matter

for

further

administrative

proceedings”

because

the

Commissioner failed to meet the regulatory demands for considering  opinions of the
Plaintiff’s treating physicians  “at step five of the sequential analysis.” (Dkt. 20) No
objection was filed to the Report and Recommendation and the deadline to do so has
passed.
In the Eleventh Circuit, a district judge may accept, reject or modify the
magistrate judge's report and recommendation after conducting a careful and complete
review of the findings and recommendations. 28 U.S.C. § 636(b)(1); see Williams v.
Wainwright, 681 F.2d 732, 732 (11th Cir. 1982), cert. denied, 459 U.S. 1112 (1983). A

district judge “shall make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection is made.”

28

U.S.C. § 636(b)(1)(C). This requires that the district judge “give fresh consideration to
those issues to which specific objection has been made by a party.” Jeffrey S. v. State
Bd. of Educ., 896 F.2d 507, 512 (11th Cir.1990) (quoting H.R. 1609, 94th Cong. § 2
(1976)). In the absence of specific objections, there is no requirement that a district
judge review factual findings de novo and the court may accept, reject, or modify, in
whole or in part, the findings and recommendations. 28 U.S.C. § 636(b)(1)(C); see
Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993). The district judge reviews
legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v.
Southern Ry., 37 F.3d 603, 604 (11th Cir. 1994).
Upon consideration of the Report and Recommendation, and in conjunction with
an independent examination of the file, the Court is of the opinion that the Report and
Recommendation should be adopted, confirmed, and approved in all respects.
Accordingly, it is ORDERED that:
1. The Report and Recommendation (Dkt. 20) is CONFIRMED and ADOPTED
as part of this Order;
2. The decision of the Commissioner of Social Security is hereby REVERSED
and REMANDED for further consideration;
3. The Clerk is directed to enter judgment in favor of the Plaintiff; and,
4. The Clerk is directed to CLOSE this case.
DONE and ORDERED in Tampa, Florida, this 15th day of February 2012.

Copies furnished to:
Counsel of Record
Any unrepresented party