UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 21-21098-CIV-LENARD/LOUIS

MARIA C. RODRIGUEZ,

Plaintiff,

v.

KILOLO KIJAKAZI, Acting Commissioner of the Social Security Administration,

Defendant. _____________________________/

ORDER ADOPTING REPORT OF MAGISTRATE JUDGE (D.E. 21), GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (D.E. 17), DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT (D.E. 18), AND REMANDING FOR FURTHER PROCEEDINGS

THIS CAUSE is before the Court on the Report of Magistrate Judge Lauren Louis, (“Report,” D.E. 21), issued on July 22, 2022, recommending the Court grant Plaintiff Maria C. Rodriguez’s Motion for Summary Judgment, (D.E. 17), deny Defendant Kilolo Kijakazi, Acting Commissioner of the Social Security Administration’s Motion for Summary Judgment, (D.E. 18), reverse the decision of the Administrative Law Judge (“ALJ”), and remand to the ALJ “with instructions to reanalyze steps four and five of the Social Security Administration’s five-step inquiry, including reevaluating the medical evidence and inconsistencies in the evidence, and reconsidering Plaintiff’s ability to return to past relevant work in compliance with SSR 82–62, obtaining the testimony of a vocational expert, if necessary.” (Report (D.E. 21) at 26.) The Report provides the Parties with fourteen (14) days to file objections. As of the date of this Order, no objections have been filed. Failure to file objections shall bar parties from attacking on appeal the factual

findings contained in the report. See Resolution Trust Corp. v. Hallmark Builders, Inc.,

(11th Cir. 1993). Therefore, after an independent review of the Report and record, it is hereby ORDERED AND ADJUDGED that: 1. The Report and Recommendation of the Magistrate Judge (D.E. 21) issued on July 22, 2022, is ADOPTED;

2. Plaintiff’s Motion for Summary Judgment (D.E. 17) is GRANTED; 3. Defendant’s Motion for Summary Judgment (D.E. 18) is DENIED; 4. The decision of the ALJ is REVERSED and this case is REMANDED under Sentence Four of

(g) to the Commissioner with instructions that the ALJ reanalyze steps four and five of the Social Security

Administration’s five-step inquiry, including reevaluating the medical evidence and inconsistencies in the evidence, and reconsidering Plaintiff’s ability to return to past relevant work in compliance with SSR 82–62, obtaining the testimony of a vocational expert, if necessary; and 5. All other pending motions are DENIED AS MOOT; and 6. This case is now CLOSED. DONE AND ORDERED in Chambers at Miami, Florida this 16th day of August, 2022.

eK A. LENARD _ UNITED STATES DISTRICT JUDGE