Filed: Feb. 22, 2016
Latest Update: Feb. 22, 2016
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on United States Magistrate Judge Mac R. McCoy's Report and Recommendation (Doc. #28) filed on December 30, 2015. Judge McCoy recommends that the final decision of the Commissioner of Social Security be affirmed in part and reversed and remanded in part under 42 U.S.C. 405(g). Plaintiff filed Written Objections to the Court's Report and Recommendation (Doc. #29) on January 12, 2016, to which the Commiss
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on United States Magistrate Judge Mac R. McCoy's Report and Recommendation (Doc. #28) filed on December 30, 2015. Judge McCoy recommends that the final decision of the Commissioner of Social Security be affirmed in part and reversed and remanded in part under 42 U.S.C. 405(g). Plaintiff filed Written Objections to the Court's Report and Recommendation (Doc. #29) on January 12, 2016, to which the Commissi..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on United States Magistrate Judge Mac R. McCoy's Report and Recommendation (Doc. #28) filed on December 30, 2015. Judge McCoy recommends that the final decision of the Commissioner of Social Security be affirmed in part and reversed and remanded in part under 42 U.S.C. § 405(g). Plaintiff filed Written Objections to the Court's Report and Recommendation (Doc. #29) on January 12, 2016, to which the Commissioner elected not to respond. Thus, 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). In the absence of 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 in the absence of an objection. See Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994).
After conducting an independent examination of the file and upon consideration of Judge McCoy's findings and recommendations, the Court accepts the Report and Recommendation (Doc. #28) over Plaintiff's objections.
Accordingly, it is now
ORDERED:
1. The Report and Recommendation (Doc. #28) is ACCEPTED AND ADOPTED and the findings incorporated herein.
2. The Commissioner's decision is REVERSED and REMANDED in part for the Commissioner to reconsider Plaintiff's impairments to determine if he has a medically determinable impairment that is severe or a combination of impairments that are severe, and to continue in the sequential evaluation, if appropriate. As to the remaining issues raised, the Commissioner's decision is AFFIRMED.
3. The Clerk of Court is DIRECTED to enter judgment and close the case.
DONE and ORDERED.