COSTELLO v. COMMISSIONER OF SOCIAL SECURITY, 2:14-cv-722-FtM-CM. (2015)
Court: District Court, M.D. Florida
Number: infdco20150318c59
Visitors: 11
Filed: Mar. 17, 2015
Latest Update: Mar. 17, 2015
Summary: ORDER CAROL MIRANDO , Magistrate Judge . Before the Court is Defendant's Motion for Entry of Judgment with Remand (Doc. 16), filed on March 12, 2015. Defendant requests that the Court remand this case to the Commissioner for further administrative proceedings before the Administrative Law Judge. Plaintiff does not oppose the motion. Pursuant to Title 42, United States Code, Section 405(g), the Court may reverse the decision of the Commissioner with or without remanding the case for a rehear
Summary: ORDER CAROL MIRANDO , Magistrate Judge . Before the Court is Defendant's Motion for Entry of Judgment with Remand (Doc. 16), filed on March 12, 2015. Defendant requests that the Court remand this case to the Commissioner for further administrative proceedings before the Administrative Law Judge. Plaintiff does not oppose the motion. Pursuant to Title 42, United States Code, Section 405(g), the Court may reverse the decision of the Commissioner with or without remanding the case for a reheari..
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ORDER
CAROL MIRANDO, Magistrate Judge.
Before the Court is Defendant's Motion for Entry of Judgment with Remand (Doc. 16), filed on March 12, 2015. Defendant requests that the Court remand this case to the Commissioner for further administrative proceedings before the Administrative Law Judge. Plaintiff does not oppose the motion. Pursuant to Title 42, United States Code, Section 405(g), the Court may reverse the decision of the Commissioner with or without remanding the case for a rehearing. Upon due consideration, Defendant's motion will be granted.
ACCORDINGLY, it is hereby
ORDERED:
1. Defendant's Motion for Entry of Judgment with Remand (Doc. 16) is GRANTED. The decision of the Commissioner is REVERSED and this action is REMANDED under sentence four of 42 U.S.C. § 405(g) to the Commissioner for the Administrative Law Judge to:
a. Evaluate the opinion of Omar Rieche, M.D. and nurse practitioner Susan Samerdyke dated November 30, 2012 (Exhibit 12F);
b. Evaluate whether Plaintiff's impairments meet or equal Listing 12.05C.
2. The Clerk shall enter judgment accordingly and close the file.
DONE and ORDERED.
Source: Leagle
