Incle v. Commissioner of Social Security, 6:19-cv-521-Orl-37DCI. (2019)
Court: District Court, M.D. Florida
Number: infdco20191018a21
Visitors: 7
Filed: Sep. 30, 2019
Latest Update: Sep. 30, 2019
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: UNOPPOSED MOTION FOR ENTRY OF JUDGMENT WITH REMAND (Doc. 27) FILED: September 30, 2019 THEREON it is RECOMMENDED that the motion be GRANTED. On September 30, 2019, the Commissioner of Social Security filed a motion for entry of judgment with remand (the Motion). Doc. 27. In the Motion, the Commi
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: UNOPPOSED MOTION FOR ENTRY OF JUDGMENT WITH REMAND (Doc. 27) FILED: September 30, 2019 THEREON it is RECOMMENDED that the motion be GRANTED. On September 30, 2019, the Commissioner of Social Security filed a motion for entry of judgment with remand (the Motion). Doc. 27. In the Motion, the Commis..
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REPORT AND RECOMMENDATION
DANIEL C. IRICK, Magistrate Judge.
This cause comes before the Court for consideration without oral argument on the following motion:
MOTION: UNOPPOSED MOTION FOR ENTRY OF JUDGMENT
WITH REMAND (Doc. 27)
FILED: September 30, 2019
THEREON it is RECOMMENDED that the motion be GRANTED.
On September 30, 2019, the Commissioner of Social Security filed a motion for entry of judgment with remand (the Motion). Doc. 27. In the Motion, the Commissioner requests that the Court "enter a judgment with a reversal and remand of the cause to the Commissioner" for the following reasons:
to further evaluate Plaintiff's residual functional capacity, and in doing so further evaluate the medical opinion evidence of record; to permit further administrative proceedings; and to issue a new decision.
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. 27) 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
