Hernandez-Cruz v. Commissioner of Social Security

Filing 15

ORDER adopting Report and Recommendations - re 14 Report and Recommendations. The final decision of the Commissioner is REVERSED and REMANDED to the Commissioner for further proceedings consistent with the Report and Recommendation. The Clerk is directed to enter judgment in favor of Plaintiff. Thereafter, the Clerk is directed to close this case. Signed by Judge Carlos E. Mendoza on 4/24/2017. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

WILLIAM HERNANDEZ-CRUZ,
Plaintiff,
v.

Case No: 6:16-cv-1370-Orl-41TBS

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER
THIS CAUSE is before the Court on Plaintiff’s Complaint (Doc. 1). Plaintiff seeks review
from a final decision of the Commissioner of Social Security denying his application for Disability
Insurance Benefits. United States Magistrate Judge Thomas B. Smith submitted a Report and
Recommendation (Doc. 14), recommending that the Court reverse and remand the
Commissioner’s final decision.
After a de novo review of the record, and noting that no objections were timely filed, the
Court agrees with the analysis set forth in the Report and Recommendation. Therefore it is
ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 14) is ADOPTED and CONFIRMED and
made a part of this Order.
2. The final decision of the Commissioner is REVERSED and REMANDED to the
Commissioner for further proceedings consistent with the Report and
Recommendation.

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3. The Clerk is directed to enter judgment in favor of Plaintiff. Thereafter, the Clerk
is directed to close this case.
It is further ORDERED:
1. Should Plaintiff choose to file a motion for attorney’s fees pursuant to 42 U.S.C.
§ 406(b), Plaintiff shall file said motion within thirty days of Plaintiff’s receipt
of notice from the Social Security Administration of the amount of past due
benefits awarded.
2. Upon receipt of such notice from the Social Security Administration, Plaintiff
shall promptly e-mail 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 April 24, 2017.

Copies furnished to:
Counsel of Record

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