Harper v. Commissioner of Social Security

Filing 19

ORDER adopting Report and Recommendations - re 18 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 the Plaintiff and close this case. Signed by Judge Carlos E. Mendoza on 11/28/2017. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

DAVID HARPER,
Plaintiff,
v.

Case No: 6:16-cv-2146-Orl-41JBT

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 (“the Commissioner”) denying his
application for Disability Insurance Benefits and a period of disability. United States Magistrate
Judge Joel B. Toomey submitted a Report and Recommendation (Doc. 18), wherein he
recommends that the final decision be reversed and remanded for further proceedings.
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. 18) is ADOPTED and CONFIRMED and
made 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.
3. The Clerk is directed to enter judgment in favor of the Plaintiff and close this case.

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4. 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 Agency’s past-due benefit
calculation stating the amount withheld for attorney’s fees.
DONE and ORDERED in Orlando, Florida on November 28, 2017.

Copies furnished to:
Counsel of Record

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