Summary
finding no legal basis for concluding that a physician who examined a patient four times over a two-month period should not be given the weight accorded a treating physician
Summary of this case from Ruybal v. SaulOpinion
Case No. 8:06-CV-1863-T-27TGW.
March 10, 2008
ORDER
BEFORE THE COURT is the Report and Recommendation submitted by Magistrate Judge Thomas G. Wilson recommending that the Commissioner's decision be reversed and the matter remanded for further consideration (Dkt. 12). Neither party filed written objections to the Report and Recommendation and the time for doing so has expired.
After careful 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 AND ADJUDGED that:
1) The Report and Recommendation (Dkt. 12) is adopted, confirmed, and approved in all respects and is made a part of this order for all purposes, including appellate review.
2) The decision of the Defendant Commissioner is REVERSED and REMANDED for further proceedings consistent with the Report and Recommendation.
3) The clerk is directed to enter final judgment in favor of Plaintiff pursuant to 42 U.S.C. § 405(g) and Newsome v. Shalala, 8 F.3d 775 (11th Cir. 1993).
4) All pending motions are DENIED as moot.
5) The Clerk is directed to close this case.
DONE AND ORDERED in Tampa, Florida.