Olivo v. Commissioner of Social Security

Filing 19

ORDER adopting 18 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Arelis B. Rodriguez Olivo. The Appeal of the Commissioner's decision is REVERSED AND REMANDED. The Clerk of the Court is DIRECTED to enter judgment REVERSING the Commissioner's final decision and REMANDING this matter with instructions found within the Order. Signed by Judge Paul G. Byron on 2/22/2017. (MMW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

ARELIS B. RODRIGUEZ OLIVO,
Plaintiff,
v.

Case No: 6:16-cv-259-Orl-40JRK

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 (Doc. 1) filed on February 16, 2016. The United States Magistrate
Judge has submitted a report recommending that the final decision of the Commissioner
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 as follows:
1.

The Report and Recommendation filed January 30, 2017 (Doc. 18), is

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

The Appeal of the Commissioner of Social Security's decision (Doc. 1) is

REVERSED AND REMANDED.

3.

The Clerk of the Court is DIRECTED to enter judgment pursuant to 42

U.S.C. § 1383(c)(3) and sentence four of § 405(g) REVERSING the Commissioner’s final
decision and REMANDING this matter with the following instructions:
(A)

Reevaluate whether Plaintiff has medically improved to the point of being

no longer disabled and therefore ineligible for SSI, being sure to obtain whatever evidence
may be missing that predates the CPD and to compare the original medical evidence with
the new medical evidence prior to making any determination of improvement.
(B)

If appropriate, reevaluate the medical opinions.

(C)

Take such other action as may be necessary to resolve this claim properly.

4.

The Clerk is further DIRECTED to close the file.

DONE AND ORDERED in Orlando, Florida on February 22, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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