Garcia v. Commissioner of Social Security
ORDER Adopting 22 Report and Recommendations and Remanding to the Commissioner of the Social Security Administration. Signed by Judge Darrin P. Gayles (hs01) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 16-20823-CIV-GAYLES/TURNOFF
CAROLYN W. CORVIN,
ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE
THIS CAUSE comes before the Court on the parties’ cross-Motions for Summary
Judgment [ECF Nos. 19, 20] and Magistrate Judge William C. Turnoff’s Report and Recommendation (“Report”) [ECF No. 22]. In his Report, Judge Turnoff recommends that the Court
grant-in-part and deny-in-part the parties’ cross-motions for summary judgment and remand the
case to the Commissioner of the Social Security Administration so the Administrative Law Judge
(“ALJ”) may state with particularity the weight accorded to all of the relevant medical opinions.
Neither party has timely objected to the Report.
A district court may accept, reject, or modify a magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objection
is made are accorded de novo review, if those objections “pinpoint the specific findings that the
party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed.
R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objection
is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters,
L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App’x
781, 784 (11th Cir. 2006).
This Court finds no clear error with Judge Turnoff’s well-reasoned analysis and agrees
that the matter must be remanded.
Accordingly, after careful consideration, it is ORDERED AND ADJUDGED as follows:
Judge Turnoff’s Report and Recommendation [ECF No. 22] is AFFIRMED
AND ADOPTED and incorporated into this Order by reference;
Plaintiff’s Motion for Summary Judgment [ECF No. 19] is GRANTED in PART
and DENIED in PART;
Defendant’s Motion for Summary Judgment [ECF No. 20] is GRANTED in
PART and DENIED in PART;
The decision of the Commissioner is REVERSED and this matter is REMANDED to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405(g), for the
ALJ to state with particularity the weight accorded to all relevant medical opinions;
The Clerk of Court is directed to enter a separate final judgment in favor of the
Plaintiff, Carlos Garcia, pursuant to sentence four of 42 U.S.C. § 405(g).
This action is CLOSED.
DONE AND ORDERED in Chambers at Miami, Florida, this 28th day of June, 2017.
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE
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