Iacovetta v. Commissioner of Social Security ( 2021 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 20-80786-DIMITROULEAS/MATTHEWMAN LORI ANNE IACOVETTA, Plaintiff, vs. ANDREW M. SAUL, Commissioner of Social Security, Defendant. _____________________________________/ ORDER OF REMAND; ADOPTING REPORT OF MAGISTRATE JUDGE THIS CAUSE is before the Court upon the Report and Recommendation of Magistrate Judge Matthewman (the “Report”) [DE 27], entered herein on July 6, 2021. The Court notes that no objections to the Report [DE 27] have been filed, and the time for filing such objections has passed. As no timely objections were filed, the Magistrate Judge’s factual findings in the Report [DE 27] are hereby adopted and deemed incorporated into this opinion. LoConte v. Dugger, 847 F.2d 745, 749-50 (11th Cir. 1988), cert. denied, 488 U.S. 958 (1988); RTC v. Hallmark Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993). Although no timely objections were filed, the Court has conducted a de novo review of the Report [DE 27] and record and is otherwise fully advised in the premises. The Court agrees with the Magistrate Judge’s analysis and conclusions. Accordingly, it is ORDERED AND ADJUDGED as follows: 1. The Report [DE 27] is hereby ADOPTED AND APPROVED; 2. Plaintiff’s Motion for Summary Judgment [21] is GRANTED; 3. Defendant’s Motion for Summary Judgment [24] is DENIED; 4. The decision of the Commissioner is hereby REVERSED AND REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with Magistrate Judge Matthewman’s Report and Recommendation [DE 27]. 5. The Court will enter a separate judgment. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 29th day of July, 2021. : f j a 4 4 ff % f ? LO enmmnle #4 v Paty d ‘4 ase □□ CA MAGIA AYN VILLIAM P. DIMITROULEAS United States District Judge Copies furnished to: Counsel of record Magistrate Judge Matthewman