ROUSSIN
v.
COMMISSIONER OF SOCIAL SECURITY
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The court accepted and adopted the magistrate judge's Report and Recommendation, reversing and remanding the Commissioner's decision.
Plaintiff appealed the Commissioner of Social Security Administration's decision. The magistrate judge recommended reversing and remanding the decisio…
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SECURITY and UNITED STATES ATTORNEY,
Defendants. /
OPINION AND ORDER1
Before the Court is United States Magistrate Judge Mac R. McCoy’s Report and Recommendation. (Doc. 21). 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
Instead, when parties don’t object, a district court need only correct plain error 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. 21) 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 whether work exists in significant numbers that Plaintiff can perform in light of her RFC, specifically identifying and resolving any apparent conflicts between the testimony of the VE and the DOT. 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 3, 2022.
, Lh platrathe 7
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)