McGuire v. Commissioner of Social Security ( 2023 )

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION IVA RENE MCGUIRE, Plaintiff, v. Case No. 6:23-cv-173-RBD-RMN COMMISSIONER OF SOCIAL SECURITY, Defendant. ____________________________________ ORDER In this Social Security appeal, the Commissioner filed an unopposed motion to remand for the agency to issue a new decision in light of additional evidence. (Doc. 24 (“Motion”).) On referral, U.S. Magistrate Judge Robert M. Norway recommends granting the Motion, reversing the Commissioner’s decision, and remanding the case. (Doc. 25 (“R&R”).) Neither party objected so the Court examines the R&R for clear error only. See Macort v. Prem, Inc., 208 F. App’x 781, 784 (11th Cir. 2006). Finding none, the R&R is due to be adopted in its entirety. Accordingly, it is ORDERED AND ADJUDGED: 1. The R&R (Doc. 25) is ADOPTED, CONFIRMED, and made a part of this Order in its entirety. 2. The Motion (Doc. 24) is GRANTED. 3. The final decision of the Commissioner of Social Security denying Social Security Disability benefits and Supplemental Security Income Payments to Plaintiff is REVERSED under sentence four of 42 U.S.C. § 405(g). 4, The case is REMANDED to permit the Commissioner to issue a new decision. 5. The Clerk is DIRECTED to enter a judgment in favor of Plaintiff and against the Commissioner and close the file. DONE AND ORDERED in Chambers in Orlando, Florida, on July 28, 2023. Yj, “ROY B. DALTON JR’ United States District Judge