Smith v. Commissioner of Social Security

Filing 20

ORDER. The report and recommendation (Doc. 17) is affirmed and adopted and incorporated by reference into this Order for all purposes, including appellate review. "Defendant's Opposed Motion for Entry of Judgment with Remand" (D oc. 15) is granted in part. The matter is remanded with instructions to conduct a rehearing for limited purposes. The motion is otherwise denied. The Clerk is directed to enter judgment in favor of Plaintiff consistent with this Order, terminate any pending motions or deadlines, and thereafter close this case. See Order for details. Signed by Judge Thomas P. Barber on 7/29/2022. (EKB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
BRYAN J. SMITH,
Plaintiff,
v.

Case No. 8:21-cv-2906-TPB-AAS

KILOLO KIJAKAZI,
Acting Commissioner,
Social Security Administration,
Defendant.

/

ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on the report and recommendation of
Amanda Arnold Sansone, United States Magistrate Judge, entered on June 29,
2022. (Doc. 17). Judge Sansone recommends that “Defendant’s Opposed Motion for
Entry of Judgment with Remand” (Doc. 15) be granted in part and the case be
remanded with instructions to conduct a rehearing on certain issues. No objections
to the report and recommendation were filed, and the time for filing objections has
expired.
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); Camby v. Davis, 718
F.2d 198, 199 (4th Cir. 1983); Williams v. Wainwright, 681 F.2d 732 (11th Cir.
1982). A district court must “make a de novo determination of those portions of the

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[report and recommendation] to which an objection is made.” 28 U.S.C. §
636(b)(1)(C). When no objection is filed, a court reviews the report and
recommendation for clear error. Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th
Cir. 2006); Nettles v. Wainwright, 677 F.2d 404, 409 (5th Cir. 1982).
Upon consideration of the record, including Judge Sansone’s report and
recommendation, the Court adopts the report and recommendation. The Court
agrees with Judge Sansone’s detailed and well-reasoned findings and conclusions.
Consequently, the motion for entry of judgment with remand is granted in part, as
set forth below.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
1. Judge Sansone’s report and recommendation (Doc. 17) is AFFIRMED and
ADOPTED and INCORPORATED BY REFERENCE into this Order
for all purposes, including appellate review.
2. “Defendant’s Opposed Motion for Entry of Judgment with Remand” (Doc.
15) is GRANTED IN PART.
3. This matter is REMANDED with instructions to conduct a rehearing for
the limited purpose of reevaluating whether there are jobs available to
Mr. Smith in the national economy, and in doing so addressing and
resolving any inconsistencies between the residual functional capacity
limitations and the requirements of the jobs identified.
4. The motion is otherwise DENIED.

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5. The Clerk is directed to enter judgment in favor of Plaintiff consistent
with this Order, terminate any pending motions or deadlines, and
thereafter close this case.
DONE and ORDERED in Chambers, in Tampa, Florida, this 29th day of
July, 2022.

TOM BARBER
UNITED STATES DISTRICT JUDGE

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