Rivell v. Commissioner of Social Security

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

ORLANDO DIVISION

WAYNE ALLEN RIVELL,

Plaintiff, v. Case No. 6:20-cv-476-RBD-EJK COMMISSIONER OF SOCIAL

SECURITY,

Defendant. ____________________________________

ORDER

In this Social Security appeal, on referral, U.S. Magistrate Judge Embry J. Kidd entered a Report and Recommendation submitting that the Court should reverse Defendant Commissioner of Social Security’s (“Commissioner”) decision. (Doc. 23 (“R&R”).) The parties did not object to the R&R and the time for doing so has passed, so the Court examines the R&R for clear error only. See Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding none, the R&R is due to be adopted in its entirety.

Accordingly, it is ORDERED AND ADJUDGED:

1. The R&R (Doc. 23) is ADOPTED, CONFIRMED, and made a part of this Order in its entirety.

2. The final decision of the Commissioner is REVERSED AND REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for the reasons stated in the R&R.

3. On remand, the Commissioner is DIRECTED to: (1) state the reasons for assigning little weight to the opinion of Dr. Porter; (2) reconsider Plaintiff's RFC, if appropriate; and (3) conduct any further proceedings deemed appropriate. (See Doc. 23, p. 9.)

4, The Clerk is DIRECTED to enter judgment accordingly and then to close the file.

DONE AND ORDERED in Chambers in Orlando, Florida, on August 9, 2021.

“ROY B. DALTON United States District Judge