Wissen v. Commissioner of Social Security, 6:15-cv-966-Orl-37GJK. (2016)
Court: District Court, M.D. Florida
Number: infdco20160513d78
Visitors: 13
Filed: May 11, 2016
Latest Update: May 11, 2016
Summary: ORDER ROY B. DALTON, Jr. , District Judge . This cause is before the Court on the following: 1. U.S. Magistrate Judge Gregory J. Kelly's Report and Recommendation (Doc. 14), filed April 25, 2016; 2. Commissioner's Response to the Magistrate Judge's Report and Recommendation (Doc. 15), filed May 4, 2016; and 3. Plaintiff's Response to the Magistrate Judge's Report and Recommendation (Doc. 16), filed May 10, 2016. In this social security action, U.S. Magistrate Judge Gregory J. Kelly reco
Summary: ORDER ROY B. DALTON, Jr. , District Judge . This cause is before the Court on the following: 1. U.S. Magistrate Judge Gregory J. Kelly's Report and Recommendation (Doc. 14), filed April 25, 2016; 2. Commissioner's Response to the Magistrate Judge's Report and Recommendation (Doc. 15), filed May 4, 2016; and 3. Plaintiff's Response to the Magistrate Judge's Report and Recommendation (Doc. 16), filed May 10, 2016. In this social security action, U.S. Magistrate Judge Gregory J. Kelly recom..
More
ORDER
ROY B. DALTON, Jr., District Judge.
This cause is before the Court on the following:
1. U.S. Magistrate Judge Gregory J. Kelly's Report and Recommendation (Doc. 14), filed April 25, 2016;
2. Commissioner's Response to the Magistrate Judge's Report and Recommendation (Doc. 15), filed May 4, 2016; and
3. Plaintiff's Response to the Magistrate Judge's Report and Recommendation (Doc. 16), filed May 10, 2016.
In this social security action, U.S. Magistrate Judge Gregory J. Kelly recommends that the Court reverse the final decision of the Commissioner and remand the action for further proceedings. (Doc. 14 ("R&R").) Magistrate Judge Kelly's recommendation is based on his conclusion that the Administrative Law Judge ("ALJ") erred at step four of the sequential evaluation process by failing to articulate good cause to assign "little to no weight" to the opinion of Plaintiff's treating physician ("Decision"). (See id. at 5-10.) Indeed, Magistrate Judge Kelly specifically rejects all four of the ALJ's stated reasons for the Decision. (Id. at 7-10.) Neither party objects to the R&R. (See Docs. 15, 16.)
Having independently reviewed the R&R for fairness and in the absence of any objection, this Court agrees with Magistrate Judge Kelly and adopts his R&R. See Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1) (suggesting that a de novo review is only required when a party objects to the proposed findings and recommendations); see also Thomas v. Arn, 474 U.S. 140, 150-51 (1985) (concluding that R&Rs without objection should be reversed only for clear error).
Accordingly, it is hereby ORDERED AND ADJUDGED:
1. U.S. Magistrate Judge Gregory J. Kelly's Report and Recommendation (Doc. 14) is ADOPTED and CONFIRMED and made a part of this Order.
2. The decision of the Commissioner is REVERSED and the case is REMANDED for further proceedings.
3. The Clerk is DIRECTED to enter judgment in favor of Plaintiff and against Defendant and to CLOSE the case.
DONE AND ORDERED.
Source: Leagle
