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)

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.

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