Case No: 2:17-cv-280-FtM-39CM
OPINION AND ORDER
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This matter comes before the Court on United States Magistrate Judge Carol MIrando's Report and Recommendation filed on June 20, 2018. (Doc. 20). Judge Mirando recommends that the final decision of the Commissioner of Social Security be reversed and remanded under 42 U.S.C. § 405(g). The parties have not objected to the Report and Recommendation, and the time to do so has elapsed. This matter is ripe for review.
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. See 28 U.S.C. § 636(b)(1); see also Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). Absent 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 recommendations, 28 U.S.C. § 636(b)(1)(C). The district judge reviews legal conclusions de novo, even absent an objection. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
After independently examining the file and on consideration of Judge Mirando's findings and recommendation, the Court accepts and adopts the Report and Recommendation.
Accordingly, it is now
(1) The Report and Recommendation (Doc. 20) is ACCEPTED and ADOPTED and the findings incorporated herein.
(2) The Commissioner's decision is REVERSED, and this matter is REMANDED for rehearing under sentence four of 42 U.S.C. § 405(g), with instructions to the Administrative Law Judge to:
a. Determine whether there is other work available in significant numbers that Plaintiff can perform given his Residual Functional Capacity, which may require additional testimony from a vocational expert;
b. Conduct any further proceedings deemed appropriate.
(3) The Clerk of Court is DIRECTED to enter judgment accordingly, terminate any pending motions, and close this case.
DONE and ORDERED in Fort Myers, Florida this 9th day of July, 2018.
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record