Sanchez v. Commissioner of Social Security

Filing 21

ORDER adopting 20 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Alex Sanchez. The Clerk of Court is DIRECTED to enter judgment pursuant to sentence four of 42 U.S.C. § 405(g), as incorporated by § 1393(c)(3), REVERSING the Commissioner's final decision and REMANDING this matter with the instructions described more fully in the Order. The Clerk is further DIRECTED to terminate any pending motions and close the file. Signed by Judge Paul G. Byron on 2/14/2018. (MMW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

ALEX SANCHEZ,
Plaintiff,
v.

Case No: 6:17-cv-535-Orl-40JRK

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER
This cause is before the Court on Plaintiff’s appeal of the Commissioner of the
Social Security Administration's final decision denying Plaintiff's claim for supplemental
security income (Doc. 18) filed on July 31, 2017. The United States Magistrate Judge has
submitted a report recommending that the Commissioner’s final decision be reversed and
remanded for further administrative 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 January 30, 2018 (Doc. 20), is

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

The Clerk of Court is DIRECTED to enter judgment pursuant to sentence

four of 42 U.S.C. § 405(g), as incorporated by § 1393(c)(3), REVERSING the

Commissioner’s final decision and REMANDING this matter with the following
instructions:
(A)

Reevaluate the severity of Plaintiff’s limitations in the functional areas of
social functioning and activities of daily living;

(B)

Reevaluate, if appropriate, whether Plaintiff’s impairments meet or
medically equal Listing 11.18 (as evaluated under Listing 12.02), Listing
12.04, and Listing 12.06;

(C)

Reevaluate, if appropriate, Plaintiff’s residual functional capacity; and

(D)

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

3.

The Clerk is further DIRECTED to terminate any pending motions and close

the file.
4.

Plaintiff’s counsel is advised that, in the event benefits are awarded on

remand, any § 406(b) fee application shall be filed within the parameters set forth by the
Order entered in Case No. 6:12-mc-124-Orl-22 (In Re: Procedures for Applying for
Attorney’s Fees Under 42 U.S.C. § 406(b)).
DONE AND ORDERED in Orlando, Florida on February 14, 2018.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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