Weiss v. Commissioner of Social Security

Filing 19

ORDER granting 17 Motion to Remand to Commissioner of Social Security; Adopting Report and Recommendations - re 18 Report and Recommendations. The administrative decision in this case is REVERSED and REMANDED to the Commissioner of Social Security. The Clerk shall enter judgment accordingly and close this case. Signed by Judge Carlos E. Mendoza on 10/1/2015. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

ALFRED MICHAEL WEISS,
Plaintiff,
v.

Case No: 6:14-cv-1741-Orl-41PDB

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER
THIS CAUSE is before the Court on the Unopposed Motion for Entry of Judgment with
Remand (Doc. 17). United States Magistrate Judge Patricia D. Barksdale issued a Report and
Recommendation (Doc. 18), recommending that the motion be granted and that the
Commissioner’s decision be reversed and remanded.
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 and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 18) is ADOPTED and CONFIRMED and
made part of this Order.
2. The Unopposed Motion for Entry of Judgment with Remand (Doc. 17) is
GRANTED.

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3. The administrative decision in this case is REVERSED and REMANDED to the
Commissioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g)
and 42 U.S.C. § 1383(c)(3).
4. On remand, it is expected that the Administrative Law Judge will (1) further
consider Plaintiff’s residual functional capacity, including mental limitations as
evaluated using the special technique in 20 C.F.R. §§ 404.1520a and 416.920a, and
provide an appropriate rationale and citations to evidence to support the assessed
limitations; (2) obtain evidence from a vocational expert concerning the effect of
the assessed limitations, including documented non-exertional limitations, on
Plaintiff’s occupational base; and (3) evaluate Plaintiff’s substance abuse in
accordance with Social Security Ruling 13-2p.
5. The Clerk shall enter judgment accordingly and close this case.
DONE and ORDERED in Orlando, Florida on October 1, 2015.

Copies furnished to:
Counsel of Record

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