Richardson v. Commissioner of Social Security

Filing 16

ORDER adopting 15 Report and Recommendation. The Commissioner's Decision denying the Plaintiff's claims for Disability Insurance Benefits is REVERSED AND REMANDED for further administrative proceedings consistent with this Order and the Report and Recommendation. The Clerk is directed to enter judgment accordingly, terminate all other pending motions and close the file. Signed by Senior Judge Wm. Terrell Hodges on 2/21/2017. (MJT)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
RODRICK RICHARDSON,
Plaintiff,
-vs-

Case No. 5:16-cv-79-Oc-10PRL

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
___________________________________/
ORDER
On January 30, 2017, the United States Magistrate Judge issued a Report (Doc. 15)
recommending that the Commissioner’s Decision denying the Plaintiff’s application for
Supplemental Security Income Benefits be reversed. No Party has filed any objections to
the Report and Recommendation, and the time for objecting has expired.
Accordingly, upon due consideration, it is hereby ORDERED as follows:
(1)

The Magistrate Judge’s Report and Recommendation (Doc. 15) is ADOPTED,

CONFIRMED, AND MADE A PART HEREOF.
(2)

Pursuant to sentence four of 42 U.S.C. § 405(g), the Commissioner’s Decision

denying the Plaintiff’s claims for Disability Insurance Benefits is REVERSED AND
REMANDED for further administrative proceedings consistent with this Order and the
Report and Recommendation.
(3)

If benefits are awarded to the Plaintiff on remand and Plaintiff’s counsel deems

it appropriate to move for attorney’s fees under 42 U.S.C. § 406(b), such an application

should be filed within the parameters set forth by the Order entered in Case No. 6:12-mc124-Orl-22 (In re: Procedures for Applying for Attorney’s Fees Under 42 U.S.C. §§ 406(b)
and 1383(d)(2)).
(4)

The Clerk is directed to enter judgment accordingly, terminate all other

pending motions and close the file.
IT IS SO ORDERED.
DONE and ORDERED at Ocala, Florida this 21st day of February, 2017.

Copies to:

Counsel of Record
Hon. Philip R. Lammens
Mari Jo Taylor

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