Sandoval v. Commissioner of Social Security

United States District Court for the Middle District of Florida

Sandoval v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION LUIS FELIPE SANDOVAL, JR.,

Plaintiff,

v. Case No. 2:21-cv-52-JLB-MRM

COMMISIONER OF SOCIAL SECURITY,

Defendant. / ORDER The Magistrate Judge filed a Report and Recommendation (“R&R”) on July 19, 2021, recommending that the Commissioner’s unopposed motion to remand under sentence four of

42 U.S.C. § 405

(g) be granted. (Docs. 14, 15.) A district judge may accept, reject, or modify the magistrate judge’s R&R.

28 U.S.C. § 636

(b)(1). In the absence of objections, a district judge is not required to review the factual findings in the report de novo, but legal conclusions are reviewed de novo even without an objection. Id.; Cooper-Houston v. Southern Ry. Co.,

37 F.3d 603, 604

(11th Cir. 1994); Garvey v. Vaughn,

993 F.2d 776

, 779 n.9 (11th Cir. 1993). After an independent review of the record—and noting that the motion to remand is unopposed—the Court agrees with the R&R. Accordingly, it is ORDERED: 1. The Report and Recommendation (Doc. 15) is ADOPTED, and the Commissioner’s unopposed motion to remand (Doc. 14) is GRANTED. 2. The Commissioner’s decision denying benefits is REVERSED and this action is REMANDED for further consideration under sentence four of

42 U.S.C. § 405

consistent with the motion. (Doc. 14 at 1.) 3. The Court finds good cause to suspend application of Local Rule 7.01 and Plaintiff □□ DIRECTED to file a single motion for fees and costs, if appropriate, requesting a determination of both entitlement and amount. If Plaintiff prevails in this case on remand, Plaintiff is further DIRECTED to comply with the November 14, 2012 order (Doc. 1) in Miscellaneous Case No. 6:12-mc-124-Orl-22. 4, The Clerk of Court is DIRECTED to enter judgment accordingly, terminate any pending deadlines, and close the file. ORDERED in Fort Myers, Florida, on August 9, 2021 PEL Chafilhe Le JOHN L. BADALAMENTI UNITED STATES DISTRICT JUDGE

Reference

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