Filed: Aug. 09, 2018
Latest Update: Aug. 09, 2018
Summary: ORDER PAUL G. BYRON , District Judge . This cause is before the Court on Plaintiff's Complaint (Doc. 1) filed July 28, 2017 appealing the Commissioner of the Social Security Administration's final decision denying his claim for disability insurance benefits. The United States Magistrate Judge has submitted a report recommending that the Commissioner's final decision be reversed and remanded. After an independent de novo review of the record in this matter, and noting that no objections
Summary: ORDER PAUL G. BYRON , District Judge . This cause is before the Court on Plaintiff's Complaint (Doc. 1) filed July 28, 2017 appealing the Commissioner of the Social Security Administration's final decision denying his claim for disability insurance benefits. The United States Magistrate Judge has submitted a report recommending that the Commissioner's final decision be reversed and remanded. After an independent de novo review of the record in this matter, and noting that no objections w..
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ORDER
PAUL G. BYRON, District Judge.
This cause is before the Court on Plaintiff's Complaint (Doc. 1) filed July 28, 2017 appealing the Commissioner of the Social Security Administration's final decision denying his claim for disability insurance benefits. The United States Magistrate Judge has submitted a report recommending that the Commissioner's final decision be reversed and remanded.
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 July 25, 2018 (Doc. 25), is ADOPTED and CONFIRMED and made a part of this Order.
2. The final decision of the Commissioner is REVERSED pursuant to 42 U.S.C. § 405(g) and REMANDED with the following instructions:
(A) Reevaluate Plaintiff's subjective complaints, and if rejecting them, clearly articulate the reasons for doing so;
(B) Reevaluate Plaintiff's treatment notes from the VA, clearly indicating the weight assigned to the medical opinions they contain;
(C) Reevaluate the VA's disability rating, seriously considering and closely scrutinizing the VA's disability determination
(D) Reevaluate, if appropriate, Plaintiff's residual functional capacity and the hypothetical to the VE; and
(E) Take such other action as may be necessary to resolve this matter properly.
3. The Clerk is DIRECTED to enter judgment as described herein and to close the file.
4. Plaintiff's counsel is advised that, in the event benefits are awarded on remand, any § 402(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. § 402(b)).
DONE AND ORDERED.
