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FOSTER v. COMMISSIONER OF SOCIAL SECURITY, 6:15-cv-819-Orl-41TBS. (2015)

Court: District Court, M.D. Florida Number: infdco20150909a57 Visitors: 3
Filed: Sep. 06, 2015
Latest Update: Sep. 06, 2015
Summary: ORDER CARLOS E. MENDOZA , District Judge . THIS CAUSE is before the Court on the Motion for Entry of Judgment with Remand (Doc. 12). United States Magistrate Judge Thomas B. Smith submitted a Report and Recommendation (Doc. 15), which recommends that the motion be granted and that this Court reverse and remand this case to the Commissioner of Social Security (the "Commissioner"), pursuant to 42 U.S.C. 405(g). After an independent de novo review of the record and noting that no objectio
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ORDER

THIS CAUSE is before the Court on the Motion for Entry of Judgment with Remand (Doc. 12). United States Magistrate Judge Thomas B. Smith submitted a Report and Recommendation (Doc. 15), which recommends that the motion be granted and that this Court reverse and remand this case to the Commissioner of Social Security (the "Commissioner"), pursuant to 42 U.S.C. § 405(g).

After an independent de novo review of the record and noting that no objections were timely filed, this Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation.

Accordingly, it is ORDERED and ADJUDGED as follows:

1. The Report and Recommendation (Doc. 15) is ADOPTED and CONFIRMED and made a part of this Order. 2. The Motion for Entry of Judgment with Remand (Doc. 12) is GRANTED. 3. The prior decision of the Commissioner is REVERSED, and this case is REMANDED to the Commissioner for "further evaluat[ion] [of] Plaintiff's residual functional capacity and if necessary, obtain[ing] evidence from a vocational expert." (Mot. Entry J. with Remand at 1). 4. The Clerk is directed to enter judgment accordingly and, thereafter, to close this case.

DONE and ORDERED.

Source:  Leagle

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