Sawyer v. Commissioner of Social Security

Filing 22

ORDER adopting 21 REPORT AND RECOMMENDATION; reversing and remanding the final decision of the Commissioner of Social Security as to Plaintiff's claims for Social Security Disability benefits and Supplemental Security Income payments pursuant to sentence four of 42 U.S.C. §405(g); directing the Clerk of the Court to issue a judgment in favor of Plaintiff and against the Commissioner and to thereafter close the file. Signed by Judge John Antoon II on 8/19/2013. (BRS)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION DIANE CECILE SAWYER, Plaintiff, -vs- Case No. 6:12-cv-1060-Orl-28GJK COMMISSIONER OF SOCIAL SECURITY, Defendant. ______________________________________ ORDER This case is before the Court on Plaintiff’s appeal to the District Court from a final decision of the Commissioner of Social Security (“Commissioner”) denying Plaintiff’s application for benefits (Doc. No. 1). The United States Magistrate Judge has submitted a report recommending that the final decision be reversed and remanded for further proceedings. 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. That the Report and Recommendation filed July 29, 2013 (Doc. No. 21) is ADOPTED and CONFIRMED and made a part of this Order. 2. The final decision of the Commissioner as to Plaintiff’s claims for Social Security Disability benefits and Supplemental Security Income payments is REVERSED pursuant to sentence four of 42 U.S.C. § 405(g) and the case is REMANDED to the Commissioner for further proceedings. 3. The Clerk of the Court is directed to issue a judgment in favor of Plaintiff and against the Commissioner and to thereafter close this file. DONE and ORDERED in Chambers, Orlando, Florida this 19th day of August, 2013. Copies furnished to: United States Magistrate Judge Counsel of Record -2-

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