Weir v. Commissioner of Social Security

• Court: District Court, M.D. Florida
• Decided: November 12, 2019
• Docket: 3:19-cv-00278
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

STEPHANIE WEIR,

Plaintiff,

vs. Case No. 3:19-cv-278-J-34JBT

ANDREW M. SAUL, Commissioner of the Social Security Administration,

Defendant.

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O R D E R

THIS CAUSE is before the Court on Magistrate Judge Joel B. Toomey=s Report and Recommendation (Dkt. No. 16; Report), entered on October 21, 2019. In the Report, Magistrate Judge Toomey recommends that the Commissioner=s decision be reversed and remanded. See Report at 2, 8. No objections to the Report have been filed, and the time for doing so has passed. The Court Amay accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.@ 28 U.S.C. ' 636(b)(1). If no specific objections to findings of facts are filed, the district court is not required to conduct a de novo review of those findings. See Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993); see also 28 U.S.C. ' 636(b)(1). However, the district court must review legal conclusions de novo. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); United States v. Rice, No. 2:07-mc-8-FtM-29SPC, 2007 WL 1428615, at *1 (M.D. Fla. May 14, 2007). Upon independent review of the Magistrate Judge=s Report, the Court will accept and adopt the legal and factual conclusions recommended by the Magistrate Judge. Accordingly, it is hereby ORDERED: 1. The Report and Recommendation (Dkt. No. 16) of Magistrate Judge Toomey is ADOPTED as the opinion of the Court. 2. The Clerk of the Court is directed to enter judgment, pursuant to sentence four of 42 U.S.C. ' 405(g), REVERSING the Commissioner=s decision and REMANDING with instructions to the Commissioner to: (a) articulate good cause, supported by substantial evidence, for discounting the opinions of Dr. Alfred Thomas Romero, or reconsider the weight given to those opinions; (b) reconsider Plaintiff=s residual functional capacity if appropriate; and (c) conduct any further proceedings deemed appropriate. 3. The Clerk of the Court is further directed to close the file. 4. Should this remand result in the award of benefits, pursuant to Rule 54(d)(2)(B)

of the Federal Rules of Civil Procedure, Plaintiff=s attorney is GRANTED an extension of time in which to file a petition for authorization of attorney=s fees under 42 U.S.C. ' 406(b). Plaintiff=s attorney shall file such a petition within thirty (30) days from the date of the Commissioner=s letter sent to Plaintiff=s counsel of record at the conclusion of the Agency=s past due benefit calculation stating the amount withheld for attorney=s fees. See In re: Procedures for Applying for Attorneys Fees Under 42 U.S.C. 406(b) & 1383(d)(2), Case No. 6:12-mc-124-Orl-22 (M.D. Fla. Nov. 13, 2012). This Order does not extend the time

2 limits for filing a motion for attorney’s fees under the Equal Access to Justice Act, 28 U.S.C. § 2412. DONE AND ORDERED in Jacksonville, Florida, this 12th day of November, 2019.

United States District Judge

ja Copies to: Counsel of Record