Feaster v. Commissioner of Social Security

Filing 15

ORDER adopting Report and Recommendations re 14 Report and Recommendations.. Signed by Judge Virginia M. Hernandez Covington on 1/28/2025. (RAS)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION DANEA MARIE FEASTER, Plaintiff, v. Case No. 8:23-cv-2122-VMC-MCR COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, Defendant. _______________________________/ ORDER This matter comes before the Court upon consideration of United States Magistrate Judge Monte C. Richardson’s Report and Recommendation (Doc. # 14), entered on January 9, 2025, recommending that the decision of the Commissioner of Social Security denying benefits be reversed and the matter remanded for further proceedings. 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. Discussion After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify recommendation. 28 the magistrate U.S.C. § 1 judge’s 636(b)(1); report and Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). 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 recommendation. 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. 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). 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 and legal conclusions of the Magistrate Judge. Accordingly, it is now ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation (Doc. # 14) is ACCEPTED and ADOPTED. (2) The decision of the Commissioner of Social Security is REVERSED and the matter consideration as discussed Recommendation. 2 is REMANDED for in Report the further and (3) Should this remand result in the award of benefits, pursuant to Rule 54(d)(2)(B) of the Federal Rules of Civil Procedure, extension of Plaintiff’s time authorization of in which attorney’s GRANTED an petition for attorney is to a file fees under 42 U.S.C. § 406(b). Plaintiff’s attorney shall file such a petition within thirty (30) days from the date of the Commissioner’s letter sent to Plaintiff’s counsel of record at the conclusion of the Agency’s past due benefit calculation stating the amount withheld for attorney’s fees. See In re: Procedures for Applying for Attorney’s Fees Under 42 U.S.C. §§406(b) & 1383(d)(2), Case No. 6:12-mc-124-Orl-22 (M.D. Fla. Nov. 13, 2012). This Order does not extend the time limits for filing a motion for attorney’s fees under the Equal Access to Justice Act, 28 U.S.C. § 2412. (4) The Clerk is directed to enter judgment accordingly and, thereafter, CLOSE this case. DONE and ORDERED in Chambers in Tampa, Florida, this 28th day of January, 2025. 3 4

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