Filed: Feb. 14, 2018
Latest Update: Feb. 14, 2018
Summary: ORDER PAUL G. BYRON , District Judge . This cause is before the Court on Plaintiff's appeal of the Commissioner of the Social Security Administration's final decision denying Plaintiff's claim for supplemental security income (Doc. 18) filed on July 31, 2017. The United States Magistrate Judge has submitted a report recommending that the Commissioner's final decision be reversed and remanded for further administrative proceedings. After an independent de novo review of the record in thi
Summary: ORDER PAUL G. BYRON , District Judge . This cause is before the Court on Plaintiff's appeal of the Commissioner of the Social Security Administration's final decision denying Plaintiff's claim for supplemental security income (Doc. 18) filed on July 31, 2017. The United States Magistrate Judge has submitted a report recommending that the Commissioner's final decision be reversed and remanded for further administrative proceedings. After an independent de novo review of the record in this..
More
ORDER
PAUL G. BYRON, District Judge.
This cause is before the Court on Plaintiff's appeal of the Commissioner of the Social Security Administration's final decision denying Plaintiff's claim for supplemental security income (Doc. 18) filed on July 31, 2017. The United States Magistrate Judge has submitted a report recommending that the Commissioner's final decision be reversed and remanded for further administrative proceedings.
After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation.
Therefore, it is ORDERED as follows:
1. The Report and Recommendation filed January 30, 2018 (Doc. 20), is ADOPTED and CONFIRMED and made a part of this Order.
2. The Clerk of Court is DIRECTED to enter judgment pursuant to sentence four of 42 U.S.C. § 405(g), as incorporated by § 1393(c)(3), REVERSING the Commissioner's final decision and REMANDING this matter with the following instructions:
(A) Reevaluate the severity of Plaintiff's limitations in the functional areas of social functioning and activities of daily living;
(B) Reevaluate, if appropriate, whether Plaintiff's impairments meet or medically equal Listing 11.18 (as evaluated under Listing 12.02), Listing 12.04, and Listing 12.06;
(C) Reevaluate, if appropriate, Plaintiff's residual functional capacity; and
(D) Take such other action as may be necessary to resolve this matter properly.
3. The Clerk is further DIRECTED to terminate any pending motions and close the file.
4. Plaintiff's counsel is advised that, in the event benefits are awarded on remand, any § 406(b) fee application shall 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)).
DONE and ORDERED.
