Alvarez v. Acting Commissioner of Social Security

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS: GRANTING 13 Plaintiff's Motion for Summary Judgment; GRANTING 13 Plaintiff's Motion to Set Aside Default; DENYING 17 Defendant's Motion for Summary Judgment; AFFIRMING AND ADOPTING 20 Report and Recommendations. This matter shall be remanded to the Administrative Law Judge for further proceedings. Closing Case. Signed by Judge Darrin P. Gayles on 9/14/2022. See attached document for full details. (caw)

Case 1:21-cv-21805-DPG Document 21 Entered on FLSD Docket 09/15/2022 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 1:21-cv-21805-GAYLES/TORRES
DENIA LUISA ALVAREZ,
v.

Plaintiff,

KILOLO KIJAKAZI, Acting Commissioner of
the Social Security Administration,
Defendant.
___________________________________/
ORDER
THIS CAUSE comes before the Court on Chief Magistrate Judge Edwin G. Torres’s
Report and Recommendation (the “Report”), [ECF No. 20], regarding the parties’ cross motions
for summary judgement filed by Plaintiff Denia Luisa Alverez and Defendant Kilolo Kijakazi,
Acting Commissioner of the Social Security Administration. [ECF No. 13]; [ECF No. 17]. On
May 12, 2021, the Court referred this case to Judge Torres, pursuant to 28 U.S.C. § 636(b)(1)(B),
for a ruling on all pre-trial, non-dispositive matters and a report and recommendation on all
dispositive matters. [ECF No. 2]. On September 6, 2022, Judge Torres issued his Report
recommending that Plaintiff’s motion for summary judgement, [ECF No. 13], be granted, that
Defendant’s motion for summary judgement, [ECF No. 13], be denied, and that the decision of the
Administrative Law Judge should be remanded. No objections were filed be either party.
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
objections are 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

Case 1:21-cv-21805-DPG Document 21 Entered on FLSD Docket 09/15/2022 Page 2 of 2

also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific
objections are 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).
Having reviewed the Report for clear error, the Court agrees with Judge Torres’s wellreasoned analysis and conclusion. Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

Chief Magistrate Judge Edwin G. Torres’s Report and Recommendation, [ECF No.
20], is AFFIRMED AND ADOPTED and incorporated into this Order by
reference.

2.

Plaintiff’s Motion for Summary Judgement, [ECF No. 13], is GRANTED.

3.

Defendant’s Motion for Summary Judgement, [ECF No. 17], is DENIED.

4.

This matter shall be remanded to the Administrative Law Judge for further
proceedings.

2022.

DONE AND ORDERED in Chambers at Miami, Florida, this 14th day of September,

________________________________
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE

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