Gomez v. Commissioner of Social Security

United States District Court for the Middle District of Florida

Gomez v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

ALBERT JOHN GOMEZ,

Plaintiff, v. Case No. 8:22-cv-275-VMC-JSS COMMISSIONER, SOCIAL SECURITY ADMINISTRATION,

Defendant. _______________________________/ ORDER This matter is before the Court on consideration of United States Magistrate Judge Julie S. Sneed’s Report and Recommendation (Doc. # 18), filed on August 30, 2022, recommending that the Commissioner’s Unopposed Motion for Entry of Judgment with Remand (Doc. #17) be granted. The Court accepts and adopts the Report and Recommendation and remands the case to the Commissioner. Discussion After conducting a careful and complete review of the findings and recommendations, a district judge may accept, reject or modify the magistrate judge’s report and recommendation.

28 U.S.C. § 636

(b)(1); Williams v. Wainwright,

681 F.2d 732

(11th Cir. 1982). In the absence of specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn,

993 F.2d 776

, 779 n.9 (11th Cir. 1993), and the court may accept, reject or modify, in whole or in part, the findings and recommendation.

28 U.S.C. § 636

(b)(1)(C). The district judge reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. Ry. Co.,

37 F.3d 603, 604

(11th Cir. 1994); Castro Bobadilla v. Reno,

826 F. Supp. 1428, 1431-32

(S.D. Fla. 1993), aff’d,

28 F.3d 116

(11th Cir. 1994). After conducting a careful and complete review of the

findings, conclusions and recommendations, and giving de novo review to matters of law, the Court accepts the factual findings and legal conclusions of the Magistrate Judge. Accordingly, it is now ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation (Doc. # 18) is ACCEPTED and ADOPTED. (2) The Commissioner’s Motion for Entry of Judgment with Remand (Doc. # 17) is GRANTED. (3) The Commissioner’s decision denying Plaintiff’s application for disability insurance benefits and supplemental security

income benefits is REVERSED. (4) The case is REMANDED to the Commissioner pursuant to sentence four of

42 U.S.C. § 405

(g) for further administrative proceedings consistent with the reasons stated in the Commissioner’s Unopposed Motion for Entry of Judgment with Remand (Doc. # 17) and the Report and Recommendation (Doc. # 18). (5) The Clerk is directed to enter judgment in Plaintiff’s favor, terminate all other pending motions, and CLOSE this case. DONE and ORDERED in Chambers in Tampa, Florida, this 2nd day of October, 2022.

VIR TA M. HERNANDEZ’COVINGTON UNITED STATES DISTRICT JUDGE

Reference

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