Nelson v. Commissioner of Social Security

Filing 24

ORDER adopting 23 REPORT AND RECOMMENDATIONS re 22 Unopposed MOTION to remand to Social Security filed by Commissioner of Social Security. It is ordered that the report and recommendation be adopted and incorporated by refere nce; the decision of the Commissioner is remanded under 42 U.S.C. Sections 405(g) and 1383(c)(3) to the Commissioner for further action. The unopposed motion to remand is granted, and the Clerk of Court is directed to enter judgment for the Plaintiff and to close this case. (rjm)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ALICE NELSON,
Plaintiff,

vs.

CASE NO. 8:14-CV-2297-T-EAK-MAP

CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

/
ORDER ADOPTING REPORT AND RECOMMENDATION
This cause is before the Court on the report and recommendation (R&R) issued by
Magistrate Judge Mark A. Pizzo on June 3,2015 (Doc. # 23). The magistrate judge
recommended that the decision of the Commissioner be remanded under sentence four of 42
U.S.C. § 405(g) (dealing with judicial review of benefit determinations) and § 1383(c)(3)
(incorporating provisions of section 405 with respect to judicial review of supplemental
security income determinations) to the Commissioner for further action and the Clerk of Court
be directed to enter judgment for the Plaintiff and close this case. The recommendation is
based on the unopposed motion for remand (Doc. # 22) and the Plaintiff agrees with the
outcome.
STANDARD OF REVIEW
When a party makes a timely and specific objection to a finding of fact in the report
and recommendation, the district court should make a de novo review of the record with
respect to that factual issue. 28 U.S.C. § 636(b)(1); U.S. v. Raddatz. 447 U.S. 667 (1980);
Jeffrey S. v. State Board of Education of State of Georgia. 896 f.2d 507 (11th Cir. 1990).

However, when no timely and specific objections are filed, case law indicates that the court
should review the findings using a clearly erroneous standard. Gropp v. United Airlines.
Inc.. 817 F.Supp. 1558,1562 (M.D. Fla. 1993).
The Court has reviewed the report and recommendation and made an independent
review of the record. Upon due consideration, the Court concurs with the report and
recommendation. Accordingly, it is
ORDERED that the report and recommendation (Doc. # 23) be adopted and
incorporated by reference; the decision of the Commissioner be remanded under sentence
four of 42 U.S.C. § 405(g) (dealing with judicial review of benefit determinations) and
§ 1383(c)(3) (incorporating provisions of section 405 with respect to judicial review of
supplemental security income determinations) to the Commissioner for further action; the
unopposed motion to remand (Doc. # 22) is granted; and the Clerk of Court is directed enter
judgment for the Plaintiff and to close this case.
DONE and ORDERED in Chambers, in Tampa, Florida, this 15th day of June, 2015.

Copies to: All parties and counsel of record
Assigned Magistrate Judge

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