Hon v. Commissioner of Social Security, 6:17-cv-1118-Orl-41PDB. (2018)
Court: District Court, M.D. Florida
Number: infdco20180502e80
Visitors: 6
Filed: Apr. 30, 2018
Latest Update: Apr. 30, 2018
Summary: ORDER CARLOS E. MENDOZA , District Judge . THIS CAUSE is before the Court on the Commissioner of Social Security's Unopposed Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. 405(g) with Remand of the Cause to the Commissioner (Doc. 19). United States Magistrate Judge Patricia D. Barksdale submitted a Report and Recommendation (Doc. 20), recommending that the Court grant the motion. After a de novo review, and noting that no objections were timely filed, the Court agrees wit
Summary: ORDER CARLOS E. MENDOZA , District Judge . THIS CAUSE is before the Court on the Commissioner of Social Security's Unopposed Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. 405(g) with Remand of the Cause to the Commissioner (Doc. 19). United States Magistrate Judge Patricia D. Barksdale submitted a Report and Recommendation (Doc. 20), recommending that the Court grant the motion. After a de novo review, and noting that no objections were timely filed, the Court agrees with..
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ORDER
CARLOS E. MENDOZA, District Judge.
THIS CAUSE is before the Court on the Commissioner of Social Security's Unopposed Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. § 405(g) with Remand of the Cause to the Commissioner (Doc. 19). United States Magistrate Judge Patricia D. Barksdale submitted a Report and Recommendation (Doc. 20), recommending that the Court grant the motion. After a de novo review, and noting that no objections were timely filed, the Court agrees with the analysis in the Report and Recommendation. It is therefore ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 20) is ADOPTED and CONFIRMED and made a part of this Order.
2. The Commissioner of Social Security's Unopposed Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. § 405(g) with Remand of the Cause to the Commissioner (Doc. 19) is GRANTED.
3. The Commissioner's final decision is REVERSED pursuant to sentence four of 42 U.S.C. § 405(g) and 42 U.S.C. § 1383(c)(3).
4. This case is REMANDED with the following instructions: On remand, the Appeals Council will refer the matter to an administrative law judge ("ALJ") with instructions to evaluate the claimant's alleged mental impairments using the B criteria psychiatric review technique pursuant to the Listings in Section 12.00. If necessary, the ALJ will further evaluate the claimant's residual functional capacity and further assess the claimant's ability to perform past relevant work. The ALJ will, if warranted, obtain supplemental evidence from a vocational expert to clarify the effects of the assessed limitations on the occupational base. Finally, the ALJ will reconsider only the time period before January 6, 2016.
5. The Clerk is directed to enter judgment in favor of Plaintiff and against the Commissioner. Thereafter, the Clerk is directed to close this case.
DONE and ORDERED.
Source: Leagle
