Lisa Ann Acierno v. Commissioner of Social Security

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

LISA ANN ACIERNO, Plaintiff, v. Case No. 8:24-cv-2470-KKM-KKM COMMISSIONER OF SOCIAL SECURITY, Defendant. ___________________________________ ORDER The United States Magistrate Judge recommends reversal of the Social Security Administration’s denial of Lisa Ann Acierno’s claim for Disability

Insurance Benefits and remand for further proceedings. Specifically, the remand is recommended to allow the Administrative Law Judge to explain Acierno’s mental limitations in the Administrative Law Judge’s residual functional capacity analysis. See R&R (Doc. 22). The fourteen-day deadline to

object to the Magistrate Judge’s Report and Recommendation has passed without either party lodging an objection. Considering the record, the Court adopts the Report and Recommendation for the reasons stated therein. After conducting a careful and complete review of the findings and

recommendations, a district judge may accept, reject, or modify a magistrate judge’s Report and Recommendation. 28 U.S.C. § 636(b)(1). If a party files a timely and specific objection to a finding of fact by a magistrate judge, the

district court must conduct a de novo review with respect to that factual issue. Stokes v. Singletary, 952 F.2d 1567, 1576 (11th Cir. 1992). The district court reviews legal conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S. Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Ashworth v.

Glades Cnty. Bd. of Cnty. Comm’rs, 379 F. Supp. 3d 1244, 1246 (M.D. Fla. 2019). In the absence of any opposition to the recommendation and after reviewing the factual allegations and legal conclusions, the Court adopts the

Report and Recommendation in full. Accordingly, the following is ORDERED: 1. The Magistrate Judge’s Report and Recommendation (Doc. 22) is ADOPTED and made a part of this Order for all purposes. 2. The Commissioner’s decision denying Acierno’s claim for Disability

Insurance Benefits is REVERSED and the action is REMANDED to the Commissioner for further administrative proceedings consistent with the reasons stated in the Report and Recommendation. 3. The Clerk is directed to ENTER judgment, which shall read, “The

Commissioner’s decision is reversed, and this action is remanded for further proceedings.” The clerk is directed to TERMINATE any pending motion and to CLOSE this case. 4, The Clerk is directed to SUBSTITUTE Frank Bisignano, Commissioner of Social Security, as the defendant in this suit. ORDERED in Tampa, Florida, on February 18, 2026.

pate oe Mizelle United States District Judge