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)
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.
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