Roberts v. Commissioner of Social Security

Filing 22

ORDER adopting 21 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Keith Roberts, 20 Memorandum social security - defendant filed by Commissioner of Social Security. The appeal of the Commissioner of Social Security's final decision to deny application is REVERSED and REMANDED. The Clerk is DIRECTED to close the file. Signed by Judge Paul G. Byron on 1/10/2017. (MMW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

KEITH ROBERTS,
Plaintiff,
v.

Case No: 6:16-cv-36-Orl-40TBS

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER
This cause is before the Court on Plaintiff’s Appeal of the Commissioner of Social
Security's final decision to deny his application for disability insurance benefits and
supplemental security benefits (Doc. 1) filed on January 11, 2016. The United States
Magistrate Judge has submitted a report recommending that the Commissioner’s final
decision be reversed and the case be remanded, pursuant to sentence four of 42 U.S.C.
§405(g).
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 19, 2016 (Doc. 21), is

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

The Appeal of the Commissioner of Social Security's final decision to deny

application for disability insurance benefits and supplemental security benefits (Doc. 1) is

REVERSED and the case REMANDED for further proceedings consistent with the
finding in the Report and Recommendation filed December 19, 2016 (Doc. 21).
3.

The Clerk is DIRECTED to enter judgment accordingly and CLOSE the file.

4.

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.
5.

Plaintiff is DIRECTED that upon receipt of such notice, he shall promptly

email Mr. Rudy and the OGC attorney who prepared the Commissioner’s brief to advise
that the notice has been received.
DONE AND ORDERED in Orlando, Florida on January 10, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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