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Harper v. Commissioner of Social Security, 6:16-cv-2146-Orl-41JBT. (2017)

Court: District Court, M.D. Florida Number: infdco20171129a04 Visitors: 7
Filed: Nov. 28, 2017
Latest Update: Nov. 28, 2017
Summary: ORDER CARLOS E. MENDOZA , District Judge . THIS CAUSE is before the Court on Plaintiff's Complaint (Doc. 1). Plaintiff seeks review from a final decision of the Commissioner of Social Security ("the Commissioner") denying his application for Disability Insurance Benefits and a period of disability. United States Magistrate Judge Joel B. Toomey submitted a Report and Recommendation (Doc. 18), wherein he recommends that the final decision be reversed and remanded for further proceedings. Aft
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ORDER

THIS CAUSE is before the Court on Plaintiff's Complaint (Doc. 1). Plaintiff seeks review from a final decision of the Commissioner of Social Security ("the Commissioner") denying his application for Disability Insurance Benefits and a period of disability. United States Magistrate Judge Joel B. Toomey submitted a Report and Recommendation (Doc. 18), wherein he recommends that the final decision be reversed and remanded for further proceedings.

After a de novo review of the record, and noting that no objections were timely filed, the Court agrees with the analysis set forth in the Report and Recommendation. Therefore, it is ORDERED and ADJUDGED as follows:

1. The Report and Recommendation (Doc. 18) is ADOPTED and CONFIRMED and made part of this Order. 2. The final decision of the Commissioner is REVERSED and REMANDED to the Commissioner for further proceedings consistent with the Report and Recommendation. 3. The Clerk is directed to enter judgment in favor of the Plaintiff and close this case. 4. Should Plaintiff choose to file a motion for attorney's fees pursuant to 42 U.S.C. § 406(b), Plaintiff shall file said motion within thirty days of Plaintiff's receipt of notice from the Social Security Administration of the Agency's past-due benefit calculation stating the amount withheld for attorney's fees.

DONE and ORDERED.

Source:  Leagle

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