RICHTNER v. BERRYHILL

Filing 17

ORDER ACCEPTING AND ADOPTING 14 REPORT AND RECOMMENDATION signed by CHIEF JUDGE MARK E WALKER on 9/7/18. The Clerk is directed to enter judgment and close the file. (tss)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
ULLA E. RICHTNER,
Plaintiff,
v.

Case No. 1:18cv25-MW/CAS

NANCY A. BERRYHILL,
Deputy Commissioner for Operations,
Social Security Administration,
Defendant.
_________________________/
ORDER ACCEPTING REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report and
Recommendation, ECF No. 14, and has also reviewed de novo the objections filed by
Plaintiff, ECF No. 16, and Defendant, ECF No. 15. Despite the compelling arguments in
the Plaintiff’s objections, this Court declines to decide the facts anew, reweigh the
evidence, or substitute its judgment for that of the Commissioner. Bloodsworth v. Heckler,
703 F.2d 1233, 1239 (11th Cir. 1983). Instead, the Court shall remand this matter to the
Administrative Law Judge to reconsider the issues in this case applying the correct version
of the Immigration and Nationality Act, 8 U.S.C. § 1151(b)(2)(A)(i). Accordingly,
IT IS ORDERED:
The report and recommendation is accepted and adopted, over the objections of
the parties, as this Court’s opinion. The Clerk shall enter judgment stating, “The decision
of the Commissioner to deny Plaintiff’s application for widow’s insurance benefits is

REVERSED. This case is REMANDED for further proceedings. Judgment is entered
for Plaintiff.” The Clerk shall close the file.
SO ORDERED on September 7, 2018.
s/Mark E. Walker
________
Chief United States District Judge