Wheelock v. Commissioner of Social Security

Filing 21

REPORT AND RECOMMENDATION re 20 Unopposed MOTION to remand filed by Commissioner of Social Security. If the parties have no objection to the report and recommendation, they may promptly file a joint notice of no objection. Signed by Magistrate Judge Gregory J. Kelly on 7/23/2012. (PAB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
STEPHANIE A. WHEELOCK,
Plaintiff,
v.

Case No: 6:11-cv-1862-Orl-28GJK

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

REPORT AND RECOMMENDATION
This cause came on for consideration without oral argument on the following motion
filed herein:
MOTION:

MOTION FOR ENTRY OF JUDGMENT WITH REMAND
(Doc. No. 20)

FILED:

July 20, 2012

THEREON it is RECOMMENDED that the motion be GRANTED.
On July 20, 2012, the Commissioner filed an unopposed Motion for Entry of Judgment
with Remand (the “Motion”) requesting that the final decision of the Commissioner be reversed
and remanded for the following reasons:
The [Administrative Law Judge (the “ALJ”)] will offer Plaintiff a
hearing; update the administrative record; obtain a medical expert
to determine the nature and severity of Plaintiff’s physical
impairment and further evaluate the [Residual Functional
Capacity] with specific references to evidence in support. If the
ALJ rejects opinions from treating/examining sources, the rationale
will be rooted in the case record with specific evidentiary support.
The ALJ will further evaluate Plaintiff’s mental impairment and
establish specific work-related limitations. The ALJ will obtain

the assistance of a vocational expert to determine the erosion of the
occupational base and the ALJ will issue a new decision.
Doc. No. 20 at 1. The Motion is unopposed. Doc. No. 20 at 2.
Accordingly, it is RECOMMENDED that the Court:
1. GRANT the Motion (Doc. No. 20);
2. REVERSE and REMAND the case pursuant to 42 U.S.C. § 405(g) for further
proceedings as set forth above; and
3. Direct the Clerk to close the case.
Failure to file written objections to the proposed findings and recommendations
contained in this report within fourteen (14) days from the date of its filing shall bar an aggrieved
party from attacking the factual findings on appeal. If the parties have no objection to this report
and recommendation, they may promptly file a joint notice of no objection.
Recommended in Orlando, Florida on July 23, 2012.

Copies furnished to:
Presiding District Judge
Counsel of Record
Unrepresented Party
Courtroom Deputy

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