Stearns v. Commissioner of Social Security et al

Filing 23

ORDER adopting in part 22 --Report and Recommendations; reversing the ALJ's decision; remanding the action for further proceedings. Signed by Judge Steven D. Merryday on 2/7/2017. (BK)

Download PDF
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CHARITY STEARNS, Plaintiff, v. CASE NO. 8:15-cv-2386-T-23TGW COMMISSIONER OF SOCIAL SECURITY, et al., Defendants. ____________________________________/ ORDER Charity Stearns suffers from several illnesses that allegedly impair her ability to work. Stearns appeals (Doc. 1) the Commissioner of the Social Security Administration’s denial of her claim for Social Security disability benefits and supplemental security income payments. Magistrate Judge Wilson recommends (Doc. 22) reversing the decision. Stearns testified how her fibromyalgia prevented her working, but the ALJ discounted Stearns’s “subjective” testimony because no “objective” evidence supported Stearns. But, as Judge Wilson’s report explains, fibromyalgia is not susceptible to objective evidence. (Doc. 22 at 6 (citing Moore v. Barnhart, 405 F.3d 1208, 1211 (11th Cir. 2005)). The ALJ erred in refusing to consider Stearns’s testimony. CONCLUSION More than fourteen days passed, and no objection to the magistrate judge’s report appears. The report and recommendation (Doc. 22) is ADOPTED-INPART, the ALJ’s decision is REVERSED, and the action is REMANDED to the Commissioner of the Social Security Administration for further proceedings consistent with this order. ORDERED in Tampa, Florida, on February 7, 2017. -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?