RUDY v. COMMISSIONER OF SOCIAL SECURITY, 6:15-cv-965-Orl-22DAB. (2015)
Court: District Court, M.D. Florida
Number: infdco20151229790
Visitors: 9
Filed: Dec. 16, 2015
Latest Update: Dec. 16, 2015
Summary: REPORT AND RECOMMENDATION DAVID A. BAKER , Magistrate Judge . This cause came on for consideration without oral argument on the following motion filed herein: MOTION: [UNOPPOSED] MOTION TO REMAND TO AGENCY (Doc. No. 19) FILED: December 15, 2015 THEREON it is RECOMMENDED that the motion be GRANTED. It is respectfully RECOMMENDED that the decision of the Commissioner be REVERSED under sentence four of 42 U.S.C. 405(g) and the case be REMANDED to the Commissioner of Social Sec
Summary: REPORT AND RECOMMENDATION DAVID A. BAKER , Magistrate Judge . This cause came on for consideration without oral argument on the following motion filed herein: MOTION: [UNOPPOSED] MOTION TO REMAND TO AGENCY (Doc. No. 19) FILED: December 15, 2015 THEREON it is RECOMMENDED that the motion be GRANTED. It is respectfully RECOMMENDED that the decision of the Commissioner be REVERSED under sentence four of 42 U.S.C. 405(g) and the case be REMANDED to the Commissioner of Social Secu..
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REPORT AND RECOMMENDATION
DAVID A. BAKER, Magistrate Judge.
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: [UNOPPOSED] MOTION TO REMAND TO AGENCY (Doc.
No. 19)
FILED: December 15, 2015
THEREON it is RECOMMENDED that the motion be GRANTED.
It is respectfully RECOMMENDED that the decision of the Commissioner be REVERSED under sentence four of 42 U.S.C. § 405(g) and the case be REMANDED to the Commissioner of Social Security for the following reasons:
Upon remand, the Commissioner will proffer to Plaintiff a copy of the consultative examination report from July 2013 by Homi Cooper, M.D, prior to issuing a new decision. The Commissioner will also re-evaluate the medical evidence of record, specifically including the medical opinion evidence as required by the Commissioner's regulations, and issue a new decision. If needed, the Commissioner will obtain vocational expert testimony on Plaintiff's ability to perform other work existing in significant numbers in the national economy. Plaintiff will be given the opportunity to supplement the record and articulate the effects of her impairments on her ability to work prior to the Commissioner's new decision.
Doc. 19. If the Motion is granted, the Clerk of the Court should be directed to enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.
A party waives the right to challenge on appeal a finding of fact or conclusion of law adopted by the district judge if the party fails to object to that finding or conclusion within fourteen days after issuance of the Report and Recommendation containing the finding or conclusion.
Source: Leagle
