Rudy v. Commissioner of Social Security

Filing 21

ORDER adopting and confirming 20 REPORT AND RECOMMENDATION granting 19 Unopposed MOTION to remand to Commissioner of Social Security filed by Commissioner of Social Security. The final decision of the Commissioner of Social Security denying Supplemental Security Income payments to Plaintiff is REVERSED under sentence four of 42 U.S.C. §405(g) and the case REMANDED to permit the Commissioner to further develop the record and issue a new decision (See Order for details). The Clerk is directed to enter a judgment, accordingly. The Clerk is directed to CLOSE the file. Signed by Judge Anne C. Conway on 12/28/2015. (SR) (ctp)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
LISA MARIE RUDY,
Plaintiff,
v.

Case No: 6:15-cv-965-Orl-22DAB

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

ORDER
This cause is before the Court on Defendant's Unopposed Motion for Entry of Judgment
under Sentence Four of 42 U.S. C. §405(g), with Remand to the Defendant (Doc. No. 19) filed
on December 15, 2015.
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 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 16, 2015 (Doc. No. 20), is

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

The Defendant's Unopposed Motion for Entry of Judgment under Sentence Four

of 42 U.S. C. §405(g), with Remand to the Defendant is hereby GRANTED.
3.

The final decision of the Commissioner of Social Security denying Supplemental

Security Income payments to Plaintiff is REVERSED under sentence four of 42 U.S.C. §405(g),

and the case REMANDED to permit the Commissioner to further develop the record and issue a
new decision for the following reasons:
Upon remand, the Commissioner will proffer to Plaintiff a copy of the consultative
examination report from July 2013 by Homi Cooper, M.D, prior to issuing a
new decision. The Commissioner will also re-evaluate the medical evidence of
record, specifically including the medical opinion evidence as required by the
Commissioner’s regulations, and issue a new decision. If needed, the
Commissioner will obtain vocational expert testimony on Plaintiff’s ability to
perform other work existing in significant numbers in the national economy.
Plaintiff will be given the opportunity to supplement the record and articulate the
effects of her impairments on her ability to work prior to the Commissioner’s new
decision.

4.
5.

The Clerk is directed to enter a judgment, accordingly.
The Clerk is directed to CLOSE the file.

DONE and ORDERED in Orlando, Florida on December 28, 2015.

Copies furnished to:
Counsel of Record

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