GOMEZ
v.
COMMISSIONER OF SOCIAL SECURITY
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court accepted the Magistrate Judge's report and recommendation, granting the Commissioner's unopposed motion and remanding the case.
Plaintiff Albert John Gomez sought review of the Commissioner's denial of disability insurance and supplemental security income benefits. The Commissi…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Magistrate Judge'S Report And Recommendation Review cases and more on FLexlaw
This matter is before the Court on consideration of United States Magistrate Judge Julie S. Sneed’s Report and Recommendation (Doc. # 18), filed on August 30, 2022, recommending that the Commissioner’s Unopposed Motion for Entry of Judgment with Remand (Doc. #17) be granted. The Court accepts and adopts the Report and Recommendation and remands the case to the Commissioner. Discussion 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. 28 U.S.C. § 636(b)(1); 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 recommendation. 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.
S. Ry. Co., 37 F. 3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F. Supp. 1428, 1431-32 (S.D. Fla. 1993), aff’d, 28 F. 3d 116 (11th Cir. 1994). After conducting a careful and complete review of the findings, conclusions and recommendations, and giving de novo review to matters of law, the Court accepts the factual findings and legal conclusions of the Magistrate Judge. Accordingly, it is now ORDERED, ADJUDGED, and DECREED: (1) The Report and Recommendation (Doc. # 18) is ACCEPTED and
ADOPTED.
(2) The Commissioner’s Motion for Entry of Judgment with Remand (Doc. # 17) is GRANTED. (3) The Commissioner’s decision denying Plaintiff’s application for disability insurance benefits and supplemental security income benefits is REVERSED. (4) The case is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings consistent with the reasons stated in the Commissioner’s Unopposed Motion for Entry of Judgment with Remand (Doc. # 17) and the Report and Recommendation (Doc. # 18). (5) The Clerk is directed to enter judgment in Plaintiff’s favor, terminate all other pending motions, and CLOSE this case. DONE and ORDERED in Chambers in Tampa, Florida, this 2nd day of October, 2022.
VIR TA M. HERNANDEZ’COVINGTON
UNITED STATES DISTRICT JUDGE
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Marina Cooper-Houston v. S. Ry. Co., 37 F.3d 603 (11th Cir. 1994)
- Garvey v. Vaughn, 993 F.2d 776 (11th Cir. 1993)
- Williams v. Louie L. Wainwright, 681 F.2d 732 (11th Cir. 1982)
- Castro Bobadilla v. Reno, 1993 WL 259424 (S.D. Fla. 1993)