BARRY v. COLVIN, 1:13-cv-00089-MP-GRJ. (2014)
Court: District Court, N.D. Florida
Number: infdco20140703c34
Visitors: 8
Filed: Jul. 01, 2014
Latest Update: Jul. 01, 2014
Summary: ORDER MAURICE M. PAUL, Senior District Judge. This cause comes on for consideration upon the Magistrate Judge's Report and Recommendation dated May 28, 2014. (Doc. 25). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). Plaintiff has filed objections. (Doc. 26). I have made a de novo review based on those objections. Having considered the Report and Recom
Summary: ORDER MAURICE M. PAUL, Senior District Judge. This cause comes on for consideration upon the Magistrate Judge's Report and Recommendation dated May 28, 2014. (Doc. 25). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). Plaintiff has filed objections. (Doc. 26). I have made a de novo review based on those objections. Having considered the Report and Recomm..
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ORDER
MAURICE M. PAUL, Senior District Judge.
This cause comes on for consideration upon the Magistrate Judge's Report and Recommendation dated May 28, 2014. (Doc. 25). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). Plaintiff has filed objections. (Doc. 26). I have made a de novo review based on those objections.
Having considered the Report and Recommendation, and the timely filed objections, I have determined that the Report and Recommendation should be adopted. First, the ALJ properly assessed Plaintiff's obesity. Second, Plaintiff has not shown good cause under sentence six of 42 U.S.C. § 405(g) for failing to incorporate evidence of bias into the agency record. Such claims of bias should be addressed in the first instance at the agency level. Hummel v. Heckler, 736 F.2d 91, 94 (3d Cir. 1984). When evidence of bias is presented for the first time to the district court, a remand under sentence six may be appropriate. Id. at 95. A sentence six remand, however, is conditioned upon Plaintiff showing "good cause for failure to incorporate such evidence into the record in a prior [agency] proceeding. . . ." 42 U.S.C. § 405(g). Plaintiff has not shown good cause. Accordingly, it is hereby
ORDERED AND ADJUDGED:
1. The magistrate judge's Report and Recommendation (Doc. 25) is adopted and incorporated by reference in this order.
2. The decision of the Commissioner is AFFIRMED.
DONE AND ORDERED.
Source: Leagle
