Williams v. Commissioner of Social Security

Filing 24

ORDER adopting 23 the Report and Recommendation of the Magistrate Judge. The decision of the Commissioner of Social Security is REVERSED and this case is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for furth er proceedings consistent with the findings in this Order and the Report and Recommendation. The Clerk is directed to enter judgment accordingly and close this case. Plaintiff is advised that the deadline to file a motion for attorney's fees p ursuant to 42 U.S.C. § 406(b) shall be THIRTY (30) days after Plaintiff receives notice from the Social Security Administration of the amount of past due benefits awarded. Plaintiff is directed that upon receipt of such notice, she shall promptly email Mr. Rudy and the Office of the General Counsel's attorney who prepared the Government's brief to advise that the notice has been received. Signed by Judge Charlene Edwards Honeywell on 1/15/2014. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
SAMANTHA L. WILLIAMS,
Plaintiff,
v.

Case No: 6:13-cv-344-Orl-36TBS

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
ORDER
This cause comes before the Court on the Report and Recommendation of Magistrate Judge
Thomas B. Smith, filed on December 24, 2013 (Doc. 23). In the Report and Recommendation,
the Magistrate Judge recommends that the Court reverse and remand this case to the Social
Security Administration pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings.
See id. Neither party has filed an objection to the Report and Recommendation and the time to do
so has expired.
The Court agrees with the Magistrate Judge that the Administrative Law Judge committed
error in failing to specifically address Dr. Steven L. Weiss’ finding that Plaintiff had marked
restrictions in her ability to make judgments on simple work-related decisions. See id. at 11–14.
As such, the Court is of the opinion that the Magistrate Judge’s Report and Recommendation
should be adopted, confirmed, and approved in all respects.
Accordingly, it is hereby ORDERED and ADJUDGED:
1.

The Report and Recommendation of the Magistrate Judge (Doc. 23) is adopted,
confirmed, and approved in all respects and is made a part of this Order for all
purposes, including appellate review.

2.

The decision of the Commissioner of Social Security is REVERSED and this case
is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. §
405(g) for further proceedings consistent with the findings in this Order and the
Report and Recommendation.

3.

The Clerk is directed to enter judgment accordingly and close this case.

4.

Plaintiff is advised that the deadline to file a motion for attorney’s fees pursuant to
42 U.S.C. § 406(b) shall be THIRTY (30) days after Plaintiff receives notice from
the Social Security Administration of the amount of past due benefits awarded.

5.

Plaintiff is directed that upon receipt of such notice, she shall promptly email Mr.
Rudy and the Office of the General Counsel’s attorney who prepared the
Government’s brief to advise that the notice has been received.

DONE and ORDERED in Orlando, Florida on January 15, 2014.

Copies furnished to:
Counsel of Record
Unrepresented Parties
United States Magistrate Judge Thomas B. Smith

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