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Jackson v. Commissioner of Social Security, 6:17-cv-1679-Orl-22DCI. (2018)

Court: District Court, M.D. Florida Number: infdco20180717794 Visitors: 4
Filed: Jul. 09, 2018
Latest Update: Jul. 09, 2018
Summary: REPORT AND RECOMMENDATION DANIEL C. IRICK , Magistrate Judge . This cause comes before the Court for consideration without oral argument on the following motion: MOTION: MOTION FOR ENTRY OF JUDGMENT WITH REMAND (Doc. 24) FILED: June 18, 2018 THEREON it is RECOMMENDED that the motion be GRANTED. On June 18, 2018, the Commissioner of Social Security filed a Motion for Entry of Judgment with Remand. Doc. 24 (the Motion). In the Motion, the Commissioner states that: [R]emand woul
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REPORT AND RECOMMENDATION

This cause comes before the Court for consideration without oral argument on the following motion:

MOTION: MOTION FOR ENTRY OF JUDGMENT WITH REMAND (Doc. 24) FILED: June 18, 2018 THEREON it is RECOMMENDED that the motion be GRANTED.

On June 18, 2018, the Commissioner of Social Security filed a Motion for Entry of Judgment with Remand. Doc. 24 (the Motion). In the Motion, the Commissioner states that:

[R]emand would be appropriate in this case to have an Administrative Law Judge (ALJ) further evaluate the medical source opinions and give consideration to Plaintiff's residual functional capacity. The ALJ will also obtain vocational expert testimony concerning Plaintiff's ability to sit, stand, and walk in conjunction with Plaintiff's other limitations on her ability to perform her past relevant work or other work in the national economy. The ALJ will also allow Plaintiff or her representative to question the vocational expert.

Id. at 1. In light of the foregoing, the Commissioner requests that her decision be reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g) so that an ALJ may perform the tasks detailed above. Id. at 1-2. The Motion is unopposed. Id. at 1. The undersigned finds the Motion well-taken.

Accordingly, it is RECOMMENDED that:

1. The Motion (Doc. 24) be GRANTED; 2. The final decision of the Commissioner be REVERSED and REMANDED to the Commissioner pursuant to sentence four of § 405(g) for the above stated reasons; and 3. The Clerk be directed to enter judgment in favor of Plaintiff and to close 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. The parties may file a notice of no objection in they have no objection to this Report and Recommendation.

Source:  Leagle

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