Filed: May 01, 2014
Latest Update: May 01, 2014
Summary: REPORT AND RECOMMENDATION 1 JAMES R. KLINDT, Magistrate Judge. This cause is before the Court on the Motion for Entry of Judgment with Remand (Doc. No. 15; "Motion"), filed April 28, 2014, in which Defendant requests that this matter be reversed and remanded to the Social Security Administration with instructions for further administrative proceedings. See Motion at 1-2. Plaintiff has no objection to the relief requested in the Motion, see id. at 1, and such a disposition is clearly with
Summary: REPORT AND RECOMMENDATION 1 JAMES R. KLINDT, Magistrate Judge. This cause is before the Court on the Motion for Entry of Judgment with Remand (Doc. No. 15; "Motion"), filed April 28, 2014, in which Defendant requests that this matter be reversed and remanded to the Social Security Administration with instructions for further administrative proceedings. See Motion at 1-2. Plaintiff has no objection to the relief requested in the Motion, see id. at 1, and such a disposition is clearly withi..
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REPORT AND RECOMMENDATION1
JAMES R. KLINDT, Magistrate Judge.
This cause is before the Court on the Motion for Entry of Judgment with Remand (Doc. No. 15; "Motion"), filed April 28, 2014, in which Defendant requests that this matter be reversed and remanded to the Social Security Administration with instructions for further administrative proceedings. See Motion at 1-2. Plaintiff has no objection to the relief requested in the Motion, see id. at 1, and such a disposition is clearly within the Court's authority, see Shalala v. Schaefer, 509 U.S. 292 (1993).
Accordingly, it is
RECOMMENDED THAT:
1. The Motion for Entry of Judgment with Remand (Doc. No. 15) be GRANTED.
2. The Clerk of the Court be directed to enter judgment REVERSING AND REMANDING this case pursuant to sentence four of 42 U.S.C. § 405(g) with the following instructions: "Upon remand, an administrative law judge (ALJ) will offer Plaintiff an opportunity for a hearing and issue a new decision. The ALJ will also reconsider Plaintiff's residual functional capacity and if necessary, seek vocational expert testimony."
3. The Clerk be further directed to close the file.
4. The Court include in an Order disposing of this appeal a direction that if benefits are awarded on remand and Plaintiff's counsel deems it appropriate to move for § 406(b) fees, such an application should be filed within the parameters set forth 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)).
RESPECTFULLY RECOMMENDED.
