Poulston v. Commissioner of Social Security

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION SHERI POULSTON, Plaintiff, v. Case No. 2:20-cv-802-JLB-MRM COMMISIONER OF SOCIAL SECURITY, Defendant.

ORDER The Magistrate Judge filed a Report and Recommendation (“R&R”) on September 28, 2021, recommending that the Commissioner’s unopposed motion to remand under sentence four of 42 U.S.C. § 405(g) be granted. (Docs. 23, 24.) 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. S. 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. 24) is ADOPTED, and the Commissioner’s unopposed motion to remand (Doc. 23) 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 unopposed motion. (Doc. 23 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-me-124-Orl-22.

4. The Clerk of Court is DIRECTED to enter judgment, terminate any pending deadlines, and close the file.

ORDERED in Fort Myers, Florida, on October 13, 2021 PEL Chafilhe Le JOHN L. BADALAMENTI UNITED STATES DISTRICT JUDGE