TIBBETTS
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 adopted the Magistrate Judge's recommendation to reverse and remand the Commissioner's decision.
Plaintiff sought review of the Commissioner of Social Security's decision. The Magistrate Judge recommended reversing and remanding the decision, and …
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 42 U.S.C. § 405(G) Sentence Four Remand cases and more on FLexlaw
Defendant. /
OPINION AND ORDER1
Before the Court is United States Magistrate Judge Mac R. McCoy’s Report and Recommendation. (Doc. 20). Judge McCoy recommends reversing and remanding the decision of the Commissioner of the Social Security Administration under sentence four of 42 U.S.C. § 405(g). Neither party objects to the Report and Recommendation, and the time to do so has expired. After conducting a careful and complete review of the findings and recommendations, a district judge “may accept, reject, or modify, in whole or in part,” the magistrate judge’s R&R. 28 U.S.C. § 636(b)(1)(C). In the absence of specific objections, there is no requirement that a district judge review the
as demanded by the interests of justice. See, e.g., Symonette v. V.A. Leasing Corp., 648 F. App’x 787, 790 (11th Cir. 2016); Thomas v. Arn, 474 U.S. 140, 150-52 (1985). Plain error exists if (1) “an error occurred”; (2) “the error was plain”; (3) “it affected substantial rights”; and (4) “not correcting the error
would seriously affect the fairness of the judicial proceedings.” Farley v. Nationwide Mut. Ins., 197 F. 3d 1322, 1329 (11th Cir. 1999). After examining the file independently and upon considering Judge McCoy’s findings and recommendations, the Court accepts and adopts the
Report and Recommendation. Accordingly, it is now ORDERED: The Report and Recommendation (Doc. 20) is ACCEPTED and
ADOPTED and the findings incorporated herein. The decision of the Commissioner of the Social Security Administration pursuant to sentence four of 42 U.S.C. § 405(g) is REVERSED AND
REMANDED.
1. The Commissioner is instructed on remand to do the following: Re-evaluate Plaintiff’s mental impairments and expressly analyze whether they impact Plaintiff’s RFC. 2. Any application for fees, costs, or expenses must comply with the Court’s Standing Order on Management of Social Security Cases, In
re Administrative Orders of the Chief Judge, Case No. 3:21-mc-1-TJC, Doc. 48 (Dec. 7, 2021). 3. The Clerk is DIRECTED to enter judgment, deny any pending motions as moot, terminate any deadlines, and close the case. DONE and ORDERED in Fort Myers, Florida on January 6, 2022.
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Thomas v. Arn, 474 U.S. 140 (U.S. 1985)
- Garvey v. Vaughn, 993 F.2d 776 (11th Cir. 1993)
- Farley v. Nationwide Mut. Ins. Co., 197 F.3d 1322 (11th Cir. 1999)