UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

SUSAN CAROLYN FERRIS MOORE,

Plaintiff,

v. Case No: 8:22-cv-2410-MSS-SPF

ACTING COMMISSIONER OF SOCIAL SECURITY,

Defendant.

ORDER THIS CAUSE comes before the Court for consideration of Plaintiff’s Complaint seeking review of the denial of her claim for Social Security Disability benefits. (Dkt. 1) On January 19, 2024, United States Magistrate Judge Sean P. Flynn issued a Report and Recommendation, which recommended that the Commissioner’s decision be reversed because the ALJ’s decision was not based on substantial evidence and did not employ proper legal standards. The Commissioner has not objected to Judge Flynn’s Report and Recommendation and the deadline for doing so has passed. Upon consideration of all relevant filings, case law, and being otherwise fully advised, the Court REVERSES the decision of the Commissioner of Social Security and REMANDS this case to the Commissioner under sentence four of

(g) for further administrative proceedings. In the Eleventh Circuit, a district judge may accept, reject, or modify the magistrate judge's report and recommendation after conducting a careful and complete review of the findings and recommendations.

(b)(1); Williams v.

Wainwright,

(11th Cir. 1982). A district judge “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.”

(b)(1)(C). This requires that the district judge “give fresh consideration to those issues to which specific objection has been made by a party.” Jeffrey S. v. State Bd. of Educ.,

,

512 (11th Cir. 1990) (quoting H.R. 1609, 94th Cong. § 2 (1976)). Absent specific objections, there is no requirement that a district judge review factual findings de novo, Garvey v. Vaughn,

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

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

(11th Cir. 1994). Upon consideration of the Report and Recommendation, in conjunction with an independent examination of the file, the Court is of the opinion that the Report and

Recommendation should be adopted, confirmed, and approved in all respects. Accordingly, it is ORDERED that: 1. The Report and Recommendation (Dkt. 11) is CONFIRMED and ADOPTED as part of this Order. 2. The Commissioner’s decision is REVERSED and this matter its REMANDED to the Commissioner. On remand, the ALJ shall specifically consider SSR 03-2p in evaluating Plaintiff's chronic regional pain syndrome (“CRPS”) and identify what, if any, limitations CRPS placed on her ability to work during the relevant period of August 2, 2019, through September 6, 2021. Thereafter, the ALJ shall reconsider Plaintiffs claim for disability benefits. 3. The Clerk is DIRECTED to enter judgment for the Plaintiff and against the Defendant. The Clerk is further directed to terminate any pending motions and CLOSE this case.

DONE and ORDERED in Tampa, Florida, this 21st day of February 2024.

MARY\S_SGRIVEN UNITED STATES DISTRICT JUDGE

Copies furnished to: Counsel of Record Any Unrepresented Person