Gilbert v. Commissioner of Social Security

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION JEFFREY A. GILBERT, Plaintiff, v. Case No: 8:21-cv-0915-KKM-AEP COMMISSIONER OF SOCIAL SECURITY, Defendant.

ORDER Jeffrey Gilbert sued the Commissioner of Social Security after he was denied disability insurance benefits and supplemental security income. (Doc. 1 at 1.) The Commissioner moves for the Court to reverse his prior decision and remand for reconsideration. (Doc. 28 at 2); see 42 U.S.C. § 405(g) (permitting courts to remand on the Commissioner’s motion). Gilbert does not oppose the request.

After reviewing the Complaint and the motion, the Magistrate Judge recommended that the Court grant the motion. (Doc. 29.) The fourteen-day deadline for Gilbert or the Commissioner to object to the Magistrate Judge’s recommendation has passed (with an additional three days permitted for mailing). Neither objected. Nevertheless, the Court reviews the Magistrate Judge’s legal conclusions de novo. See Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Ashworth v. Glades Cnty. Bd. of Cnty. Comm'rs, 379 F. Supp. 3d 1244, 1246 (M.D. Fla. 2019) (Steele, J.). After a complete review, the Court concludes that the Commissioner’s decision should be reversed and the matter remanded for reconsideration under sentence four of 42 U.S.C. § 405(g).

Accordingly, the following is ORDERED: 1. The Magistrate Judge’s Report and Recommendation is ADOPTED and make a part of this Order for all purposes. (Doc. 29.)

2. The Commissioner's Unopposed Motion for Entry of Judgment with Remand is GRANTED. (Doc. 28.) The Commissioner’s decision is REVERSED and the case is REMANDED for further administrative proceedings.

3. The Clerk is directed to ENTER judgment for Plaintiff and CLOSE this case.

ORDERED in Tampa, Florida, on April 18, 2022.

fatten Kamal Mirseht athryn’ Kimball Mizelle United States District Judge