Wigner v. Commissioner of Social Security, 6:15-cv-1642-Orl-41GJK. (2016)
Court: District Court, M.D. Florida
Number: infdco20160225a67
Visitors: 1
Filed: Feb. 22, 2016
Latest Update: Feb. 22, 2016
Summary: REPORT AND RECOMMENDATION GREGORY J. KELLY , Magistrate Judge . This cause came on for consideration without oral argument on the following motion filed herein: MOTION: COMMISSIONER'S UNOPPOSED MOTION FOR REMAND UNDER SENTENCE SIX OF 42 U.S.C. 405(g) (Doc. No. 13) FILED: January 19, 2016 THEREON it is RECOMMENDED that the motion be GRANTED. On January 19, 2016, the Commissioner of Social Security (the "Commissioner") filed an Unopposed Motion for Remand Under Sentence Six o
Summary: REPORT AND RECOMMENDATION GREGORY J. KELLY , Magistrate Judge . This cause came on for consideration without oral argument on the following motion filed herein: MOTION: COMMISSIONER'S UNOPPOSED MOTION FOR REMAND UNDER SENTENCE SIX OF 42 U.S.C. 405(g) (Doc. No. 13) FILED: January 19, 2016 THEREON it is RECOMMENDED that the motion be GRANTED. On January 19, 2016, the Commissioner of Social Security (the "Commissioner") filed an Unopposed Motion for Remand Under Sentence Six of..
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REPORT AND RECOMMENDATION
GREGORY J. KELLY, Magistrate Judge.
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: COMMISSIONER'S UNOPPOSED MOTION FOR
REMAND UNDER SENTENCE SIX OF 42 U.S.C. § 405(g)
(Doc. No. 13)
FILED: January 19, 2016
THEREON it is RECOMMENDED that the motion be GRANTED.
On January 19, 2016, the Commissioner of Social Security (the "Commissioner") filed an Unopposed Motion for Remand Under Sentence Six of 42 U.S.C. § 405(g) (the "Motion"). Doc. No. 13. In the Motion, the Commissioner represents the hearing before the Administrative Law Judge ("ALJ") is not in the administrative record, and cannot be located. Id. at 3. Accordingly, the Commissioner requests the case be remanded for a new hearing before the ALJ. Id. at 3-4. Plaintiff has no objection to the relief requested. Id. at 1. Accordingly, it is RECOMMENDED that the Court:
1. GRANT the Motion (Doc. No. 13);
2. REMAND the case to the Commissioner for further proceedings pursuant to sentence six of Section 405(g) for the reasons set forth above;
3. Direct the Clerk to administratively close the case; and
4. Retain jurisdiction over the case.
NOTICE TO PARTIES
A party has fourteen days from this date to file written objections to the Report and Recommendation's factual findings and legal conclusions. A party's failure to file written objections waives that party's right to challenge on appeal any unobjected-to factual finding or legal conclusion the district judge adopts from the Report and Recommendation. See 11th Cir. R. 3-1. In order to expedite the final disposition of this matter, if the parties have no objection to this report and recommendation they may promptly file a joint notice of no objection.
Source: Leagle
