Markham v. Commissioner of Social Security Administration, 6:16-cv-603-Orl-37KRS. (2016)
Court: District Court, M.D. Florida
Number: infdco20161216931
Visitors: 12
Filed: Dec. 15, 2016
Latest Update: Dec. 15, 2016
Summary: ORDER ROY B. DALTON, Jr. , District Judge . This cause is before the Court on the following: 1. Unopposed Motion for Entry of Judgment with Remand (Doc. 18), filed October 31, 2016; and 2. U.S. Magistrate Judge Karla R. Spaulding's Report and Recommendation (Doc. 19), filed November 1, 2016. Upon review, the Court finds that the unopposed Report and Recommendation (Doc. 19), which recommends granting the Commissioner of Social Security Administration's Unopposed Motion for Entry of Judgm
Summary: ORDER ROY B. DALTON, Jr. , District Judge . This cause is before the Court on the following: 1. Unopposed Motion for Entry of Judgment with Remand (Doc. 18), filed October 31, 2016; and 2. U.S. Magistrate Judge Karla R. Spaulding's Report and Recommendation (Doc. 19), filed November 1, 2016. Upon review, the Court finds that the unopposed Report and Recommendation (Doc. 19), which recommends granting the Commissioner of Social Security Administration's Unopposed Motion for Entry of Judgme..
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ORDER
ROY B. DALTON, Jr., District Judge.
This cause is before the Court on the following:
1. Unopposed Motion for Entry of Judgment with Remand (Doc. 18), filed October 31, 2016; and
2. U.S. Magistrate Judge Karla R. Spaulding's Report and Recommendation (Doc. 19), filed November 1, 2016.
Upon review, the Court finds that the unopposed Report and Recommendation (Doc. 19), which recommends granting the Commissioner of Social Security Administration's Unopposed Motion for Entry of Judgment With Remand (Doc. 18), is due to be adopted and approved. Thus, the Court will remand this appeal to the Commissioner of Social Security, and:
Upon remand, the Appeals Council will instruct the Administrative Law Judge to: hold a new hearing; attempt to locate the missing evidence, including Plaintiff's medical evidence and earnings records, and include the evidence in the record; re-evaluate Plaintiff's residual functional capacity on the updated record, citing specific evidence in support of the assessed limitations; further evaluate the medical source opinions by stating the weight assigned to them and explaining the reasons for the weight given; if necessary, obtain supplemental testimony from a vocational expert to clarify the effect of the assessed limitations on Plaintiff's occupational base; and consolidate the claims files and issue a new decision on the consolidated claims.
(Doc. 18, p. 1.)
CONCLUSION
It is hereby ORDERED AND ADJUDGED that:
(1) U.S. Magistrate Judge Karla R. Spaulding's Report and Recommendation (Doc. 19) is APPROVED AND ADOPTED IN FULL.
(2) Unopposed Motion for Entry of Judgment with Remand (Doc. 18) is GRANTED.
(3) The final decision of the Commissioner of Social Security is REVERSED.
(4) This matter is REMANDED to the Social Security Administration for further proceedings consistent with this Order.
(5) The Clerk is DIRECTED to enter Judgment for Plaintiff and against the Commissioner.
(6) The Clerk is further DIRECTED to CLOSE this case
DONE AND ORDERED.
Source: Leagle
