Ortiz v. Commissioner of Social Security

Filing 21

ORDER adopting 20 Report and Recommendation of the Magistrate Judge. The Report and Recommendation of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review. The Decision of the Commissioner of Social Security is REVERSED and REMANDED for further proceedings consistent with the findings in the Report and Recommendation. The Clerk is directed to enter judgment in favor of Plaintiff and to close t his case. Plaintiff is advised that the deadline to file a motion for attorneys' 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 du e benefits awarded. When Plaintiff receives notice of the amount of past due benefits awarded, Plaintiff must promptly email the Commissioner's lawyers, Mr. Rudy and the OGC attorney who prepared the Commissioner's brief to advise them when the notice was received. Signed by Judge Charlene Edwards Honeywell on 6/23/2014. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
DESIREE SANTANA ORTIZ,
Plaintiff,
v.

Case No: 6:13-cv-763-Orl-36TBS

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER
This cause comes before the Court upon the Report and Recommendation filed by
Magistrate Judge Thomas B. Smith on May 28, 2014 (Doc. 20).

In the Report and

Recommendation, Judge Smith recommends that the Commissioner's final decision in this case be
reversed and remanded for further proceedings. All parties were furnished copies of the Report
and Recommendation and were afforded the opportunity to file objections pursuant to 28 U.S.C.
§ 636(b)(1).

No such objections were filed.

Upon consideration of the Report and

Recommendation, and upon this Court's independent examination of the file, it is determined that
the Report and Recommendation should be adopted. The Court agrees with the Magistrate Judge
that it cannot determine whether the residual functional capacity the ALJ assigned is supported by
substantial evidence due to the ALJ’s failure to analyze Plaintiff’s mental impairments in
accordance with 20 C.F.R. § 404.1560a. Accordingly, it is now
ORDERED AND ADJUDGED:
(1)

The Report and Recommendation of the Magistrate Judge (Doc. 20) 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
REMANDED for further proceedings consistent with the findings in the Report
and Recommendation.

(3)

The Clerk is directed to enter judgment in favor of Plaintiff and to close this case.

(4)

Plaintiff is advised that the deadline to file a motion for attorneys’ 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)

When Plaintiff receives notice of the amount of past due benefits awarded, Plaintiff
must promptly email the Commissioner’s lawyers, Mr. Rudy and the OGC attorney
who prepared the Commissioner’s brief to advise them when the notice was
received.

DONE AND ORDERED at Orlando, Florida on June 23, 2014.

Copies to:
The Honorable Thomas B. Smith
Counsel of Record

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