Farrat v. Kijakazi ( 2024 )

United States District Court for the Southern District of Florida Claudia E. Farrat, Plaintiff, ) ) v. ) Civil Action No. 22-22491-Civ-Scola ) Kilolo Kijakazi, Acting Commissioner ) of Social Security, Defendant. Order Adopting Magistrate Judge’s Report And Recommendation This case was referred to United States Magistrate Judge Jonathan Goodman for a ruling on all pre-trial, nondispositive matters and for a report and recommendation on any dispositive matters. (ECF No. 2.) On January 22, 2024, Judge Goodman issued a report, recommending that the Court grant Plaintiff Claudia E. Farrat’s summary judgment motion, deny the Commissioner’s summary judgment motion, and remand the case pursuant to 42 U.S.C. § 405(g), with instructions to the Administrative Law Judge (“ALJ”) to address the supportability prong of 20 C.F.R. § 416.920c(c) in assessing the opinions of Dr. Susan Schlolz-Rubin and Nurse Ernesto Guevara. (ECF No. 23.) The Commissioner has not filed objections to the report, and the time to do so has passed. A district court judge must conduct a de novo review of only “those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636. Where no objections are made, a report may be adopted in full without conducting a de novo review, provided no plain error exists. See id.; Menendez v. Naples Cmty. Hosp. Inc., No. 2:20-CV- 898-SPC-MRM, 2021 U.S. Dist. LEXIS 215317, 2021 WL 5178496, at *1 (M.D. Fla. Nov. 8, 2021) (collecting cases). The Court has considered Judge Goodman’s report, the record, and the relevant legal authorities. The Court finds Judge Goodman’s report and recommendations cogent and compelling. The Court affirms and adopts Judge Goodman’s report and recommendations. (ECF No. 23.) The Court grants Farrat’s summary judgment motion (ECF No. 15), denies the Commissioner’s summary judgment motion (ECF No. 20), and remands the case to the ALJ to address the supportability prong of 20 C.F.R. § 416.920c(c) in assessing the opinions of Dr. Schlolz-Rubin and Nurse Guevara. Finally, the Court directs the Clerk to close this case. Any pending motions are denied as moot. Done and ordered in Miami, Florida, on March 6, 2024. Robert N. Scola, Jr. United States District Judge