Foster v. Commissioner of Social Security

Filing 16

ORDER granting 12 Motion to Remand to Commissioner of Social Security; Adopting Report and Recommendations - re 15 Report and Recommendations. The prior decision of the Commissioner is REVERSED, and this case is REMANDED to the Commissioner. The Clerk is directed to enter judgment accordingly and, thereafter, to close this case. Signed by Judge Carlos E. Mendoza on 9/8/2015. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

LADEAN LAVICE FOSTER,
Plaintiff,
v.

Case No: 6:15-cv-819-Orl-41TBS

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER
THIS CAUSE is before the Court on the Motion for Entry of Judgment with Remand (Doc.
12). United States Magistrate Judge Thomas B. Smith submitted a Report and Recommendation
(Doc. 15), which recommends that the motion be granted and that this Court reverse and remand
this case to the Commissioner of Social Security (the “Commissioner”), pursuant to 42 U.S.C.
§ 405(g).
After an independent de novo review of the record and noting that no objections were
timely filed, this Court agrees entirely with the findings of fact and conclusions of law in the Report
and Recommendation.
Accordingly, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 15) is ADOPTED and CONFIRMED and
made a part of this Order.
2. The Motion for Entry of Judgment with Remand (Doc. 12) is GRANTED.
3. The prior decision of the Commissioner is REVERSED, and this case is
REMANDED to the Commissioner for “further evaluat[ion] [of] Plaintiff’s

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residual functional capacity and if necessary, obtain[ing] evidence from a
vocational expert.” (Mot. Entry J. with Remand at 1).
4. The Clerk is directed to enter judgment accordingly and, thereafter, to close this
case.
DONE and ORDERED in Orlando, Florida on September 6, 2015.

Copies furnished to:
Counsel of Record

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