Arroyo v. Commissioner of Social Security

Filing 23

ORDER: The Report and Recommendation filed November 13, 2017 (Doc. No. 22), is ADOPTED and CONFIRMED and made a part of this Order. The Clerk is directed to enter judgment accordingly, and CLOSE the file. See PDF for full details. Signed by Judge Anne C. Conway on 12/2/2017. (JLC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
MARIA DE LOURDES ARROYO,
Plaintiff,
v.

Case No: 6:16-cv-1862-Orl-22TBS

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
ORDER
This cause is before the Court on an appeal of the final decision of the Commissioner of
Social Security denying the application for disability insurance benefits and supplemental
security income.
The United States Magistrate Judge has submitted a report recommending that the
decision be reversed and remanded for further proceedings.
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 November 13, 2017 (Doc. No. 22), is

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

The final decision of the Commissioner of Social Security denying the application

for disability insurance benefits and supplemental security income is REVERSED and
REMANDED for further proceedings consistent with the findings in the report.
3.

The Commissioner’s favorable decision regarding Plaintiff’s disability status after

May 27, 2015 shall remain undisturbed.

4.

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

5.

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.
6.

Plaintiff is directed that upon receipt of such notice, she 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 December 2, 2017.

Copies furnished to:
Counsel of Record

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