Filed: Feb. 11, 2019
Latest Update: Feb. 11, 2019
Summary: ORDER PAUL G. BYRON , District Judge . This cause is before the Court on Petitioner's Appeal of the Commissioner of the Social Security Administration's final decision denying her claims for disability insurance benefits and supplemental security income (Doc. 1) filed on August 24, 2017. The United States Magistrate Judge has submitted a report recommending that the final decision be reversed and remanded. After an independent de novo review of the record in this matter, and noting that
Summary: ORDER PAUL G. BYRON , District Judge . This cause is before the Court on Petitioner's Appeal of the Commissioner of the Social Security Administration's final decision denying her claims for disability insurance benefits and supplemental security income (Doc. 1) filed on August 24, 2017. The United States Magistrate Judge has submitted a report recommending that the final decision be reversed and remanded. After an independent de novo review of the record in this matter, and noting that ..
More
ORDER
PAUL G. BYRON, District Judge.
This cause is before the Court on Petitioner's Appeal of the Commissioner of the Social Security Administration's final decision denying her claims for disability insurance benefits and supplemental security income (Doc. 1) filed on August 24, 2017. The United States Magistrate Judge has submitted a report recommending that the final decision be reversed and remanded.
After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation.
Therefore, it is ORDERED as follows:
1. The Report and Recommendation filed January 24, 2019 (Doc. 22), is ADOPTED and CONFIRMED and made a part of this Order.
2. The Commissioner's final decision is REVERSED and this matter is REMANDED with the following instructions:
(A) Reevaluate the opinions of Dr. Tolia and Dr. Marathe, assign the appropriate weight to such opinions, and explain the reasoning behind the weight assigned;
(B) If appropriate, reevaluate the opinion of Dr. Le;
(C) If appropriate address the other issues raised by Plaintiff in this appeal; and
(D) Take such other action as may be necessary to resolve these claims properly.
3. The Clerk is DIRECTED to close the file.
4. In the event benefits are awarded on remand, Plaintiff's counsel shall ensure that any §§ 406(b) or 1383(d)(2) fee application be filed within the parameters set for the by the Order entered in Case No. 6:12-mc-124-Orl-22 (In Re: Procedures for Applying for Attorney's Fees Under 42 U.S.C. §§ 406(b) and 1383(d)(2)).
DONE AND ORDERED.
