Dalton v. Commissioner of Social Security

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION WESLEY DALTON, Plaintiff, v. Case No. 6:19-cv-300-Orl-37LRH COMMISSIONER OF SOCIAL SECURITY, Defendant.

ORDER Plaintiff seeks review of the Commissioner of Social Security’s (“Commissioner”) decision to deny his disability benefits. (Doc. 1.) On referral, United States Magistrate Judge Leslie R. Hoffman recommends reversing the Commissioner’s final decision and remanding the case for further proceedings because the Administrative Law Judge erred by not articulating a good cause reason to reject a treating physician’s opinion. (Doc. 17 (“R&R”).)

No party objected to the R&R, and the time for doing so has now passed. Absent objections, the Court has examined the R&R only for clear error. See Wiand v. Wells Fargo Bank, N.A., No. 8:12-cv-557-T-27EAJ, 2016 WL 355490, at *1 (M.D. Fla. Jan. 28, 2016); see also Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding no clear error, the R&R is due to be adopted in its entirety.

Accordingly, it is ORDERED AND ADJUDGED as follows: -1- 1. U.S. Magistrate Judge Leslie R. Hoffman’s Report and Recommendation (Doc. 17) is ADOPTED, CONFIRMED, and made a part of this Order.

2. The Commissioner’s final decision is REVERSED AND REMANDED to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g).

3. The Clerk is DIRECTED to enter judgment in favor of Plaintiff Wesley Dalton and against Defendant Commissioner of Social Security and to close this case.

DONE AND ORDERED in Chambers in Orlando, Florida, on January 6, 2020.

Yj, ROY B. DALTON JR’ United States District Judge Copies to: Counsel of Record -2-