Beckford v. Commissioner of Social Security

Filing 27

ORDER adopting United States Magistrate Judge Thomas B. McCoun, III's Report and Recommendation. (Doc. # 26 ). The decision of the Commissioner of Social Security denying benefits is REVERSED and REMANDED for further administrative proceedi ngs. The Clerk is directed to enter a Judgment in favor of the Plaintiff reflecting that the Commissioner's decision denying benefits is reversed and remanded. Thereafter, the Clerk is directed to CLOSE THE CASE. Signed by Judge Virginia M. Hernandez Covington on 8/31/2017. (AWM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
LISA BECKFORD,
Plaintiff,
v.

Case No. 8:16-cv-175-T-33TBM

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
_________________________________/
ORDER
This matter is before the Court on consideration of United
States

Magistrate

Recommendation

Judge

(Doc.

#

Thomas
26),

B.

McCoun,

entered

on

III’s

Report

August

16,

and

2017,

recommending that the decision of the Commissioner of Social
Security denying

benefits be reversed.

As of this date, neither

party has filed an objection to the report and recommendation, and
the time for the parties to file such objections has elapsed.
After conducting a careful and complete review of the findings
and recommendations, a district judge may accept, reject, or modify
the magistrate judge’s report and recommendation.

28 U.S.C. §

636(b)(1); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982),
cert. denied, 459 U.S. 1112 (1983). In the absence of specific
objections, there is no requirement that a district judge review
factual findings de novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.
9 (11th Cir. 1993), and the court may accept, reject, or modify,
in whole or in part, the findings and recommendations.
§ 636(b)(1)(C).

28 U.S.C.

The district judge reviews legal conclusions de

novo, even in the absence of an objection.

See Cooper-Houston v.

Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Castro
Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993),
aff’d, 28 F.3d 116 (11th Cir. 1994) (Table).
After

conducting

a

careful

and

complete

review

of

the

findings, conclusions, and recommendations, and giving de novo
review to matters of law, the Court accepts the factual findings,
the legal conclusions, and the recommendation of the magistrate
judge.
Accordingly, it is now
ORDERED, ADJUDGED, and DECREED:
(1)

United States Magistrate Judge Thomas B. McCoun, III’s Report
and Recommendation (Doc. # 26) is ACCEPTED and ADOPTED.

(2)

The decision of the Commissioner of Social Security denying
benefits is REVERSED and REMANDED for further administrative
proceedings.

(3)

The Clerk is directed to enter a Judgment in favor of the
Plaintiff reflecting that the Commissioner’s decision denying
benefits is reversed and remanded.

Thereafter, the Clerk is

directed to CLOSE THE CASE.
DONE and ORDERED in Chambers, in Tampa, Florida, this 31st
day of August, 2017.

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