Johnson v. Acting Commissioner of Social Security Administration

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 1:22-cv-21659-GAYLES/TORRES

JAMES EDWARD JOHNSON,

Plaintiff,

v.

KILOLO KIJAKAZI, Acting Commissioner of Social Security Administration,

Defendant. ________________________________/

ORDER

THIS CAUSE comes before the Court on Defendant’s Unopposed Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. § 405(g) (“Motion”) [ECF No. 25]. The action was referred to Chief Magistrate Judge Edwin G. Torres, pursuant to 28 U.S.C. § 636(b)(1)(B), for a ruling on all pretrial, non-dispositive matters, and for a Report and Recommendation on any dispositive matters. [ECF Nos. 2, 6]. On November 16, 2023, Judge Torres issued his Report and Recommendation (“Report”) recommending that Defendant’s Unopposed Motion be granted. [ECF No. 27]. A district court may accept, reject, or modify a magistrate judge’s report and recommendation. 28 U.S.C. § 636(b)(1). Those portions of the report and recommendation to which objection is made are accorded de novo review, if those objections “pinpoint the specific findings that the party disagrees with.” United States v. Schultz, 565 F.3d 1353, 1360 (11th Cir. 2009); see also Fed. R. Civ. P. 72(b)(3). Any portions of the report and recommendation to which no specific objection is made are reviewed only for clear error. Liberty Am. Ins. Grp., Inc. v. WestPoint Underwriters, L.L.C., 199 F. Supp. 2d 1271, 1276 (M.D. Fla. 2001); accord Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Having reviewed the Report for clear error, the Court agrees with Judge Torres’s analysis and conclusion. Accordingly, it is ORDERED AND ADJUDGED as follows: (1) Chief Magistrate Judge Edwin G. Torres’s Report and Recommendation, [ECF No. 27], is AFFIRMED AND ADOPTED and incorporated into this Order by reference; (2) Defendant’s Unopposed Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. § 405(g) [ECF No. 25] is GRANTED; (3) Pursuant to 42 U.S.C. § 405(g), Defendant Commissioner’s decision denying Plaintiff's eligibility for Social Security Disability Income Benefits is hereby REVERSED, and the cause is REMANDED to Defendant Commissioner to offer Plaintiff an opportunity for a new hearing, further evaluate the medical opinion evidence pursuant to 20 C.F.R. §§ 404.1520(b)(2), 416.920(b)(2), take any further action needed to complete the administrative record, and issue a new decision.; and (4) This shall remain CLOSED for administrative purposes. DONE AND ORDERED in Chambers at Miami, Florida, this 20th day of November, 2023. af DARRIN P. GAYLE UNITED STATES RICT JUDGE ce: All Counsel of Record