Carey v. Commissioner of Social Security

Filing 30

ORDER adopting and confirming 29 REPORT AND RECOMMENDATION granting 28 MOTION for Entry of Judgment filed by Commissioner of Social Security. This action is hereby REVERSED and REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. Section 405(g). The Clerk is DIRECTED to enter judgment accordingly, terminate any pending motions, and close the file. Signed by Chief Judge Anne C. Conway on 1/5/2015. (SR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
FREDDIE KEVIN CAREY,
Plaintiff,
v.

Case No: 6:13-cv-1809-Orl-22TBS

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

ORDER
This cause is before the Court on the Consent Motion for Entry of Judgment Under
Sentence Four of 42 U.S.C. 405(g) (Doc. No. 28) filed on December 4, 2014.
The United States Magistrate Judge has submitted a report recommending that the
Motion be GRANTED.
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.

The Report and Recommendation filed December 5, 2014 (Doc. No. 29), is

ADOPTED and CONFIRMED and made a part of this Order.
2.

The Consent Motion for Entry of Judgment Under Sentence Four of 42 U.S.C.

405(g) is hereby GRANTED.
3.

This action is hereby REVERSED and REMANDED to the Commissioner

pursuant to sentence four of 42 U.S.C. § 405(g).
4.
Law Judge will

The parties are ADVISED that it is expected that on remand, the Administrative

[A]ddress all evidence of record, take any further action needed to complete the
administrative record, and issue a decision addressing both of the claimant’s concurrent
claims. In doing so, the Administrative Law Judge will reassess the claimant’s residual
functional capacity, and, at step five, if warranted by the expanded record, obtain
evidence from a vocational expert to clarify the effect of the reassessed limitations on the
claimant’s occupational base.
(Doc. 28 at 2).
5.

The Clerk is DIRECTED to enter judgment accordingly, terminate any pending

motions, and close the file.
6.

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. Upon receipt of the
notice, counsel for Plaintiff shall promptly email Mr. Rudy and the OGC attorney who prepared
the Government’s brief to advise that the notice has been received.
DONE and ORDERED in Orlando, Florida on January 5, 2015.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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