Coates v. Commissioner of Social Security

Filing 18

REPORT AND RECOMMENDATIONS regarding 1 Complaint filed by Nicole Marie Coates and 17 Defendant's Unopposed Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. § 405(g). In order to expedite the disposition of this matter, if the parties have no objection to this report and recommendation they may promptly file a joint notice of no objection. Signed by Magistrate Judge Gregory J. Kelly on 11/14/2017. (DWG)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION NICOLE MARIE COATES, Plaintiff, v. Case No: 6:17-cv-791-Orl-40GJK COMMISSIONER OF SOCIAL SECURITY, Defendant. REPORT AND RECOMMENDATION This cause came on for consideration without oral argument on the following motion filed herein: MOTION: DEFENDANT’S UNOPPOSED MOTION FOR ENTRY OF JUDGMENT UNDER SENTENCE FOUR OF 42 U.S.C. § 405(g), WITH REMAND TO THE DEFENDANT (Doc. No. 17) FILED: November 13, 2017 THEREON it is RECOMMENDED that the motion be GRANTED. On November 13, 2017, the Commissioner of Social Security (the “Commissioner”) filed a motion (the “Motion”) requesting that the Court enter judgment reversing her final decision and remanding the case for further proceedings pursuant to 42 U.S.C. § 405(g). Doc. No. 17. The Commissioner seeks remand to: 1) obtain updated medical records from Plaintiff’s treating physicians; 2) evaluate all evidence of record; 3) evaluate whether Plaintiff’s impairments medically or functionally equal the severity of a listed impairment; and 4) if necessary, hold a supplemental hearing and obtain expert testimony to determine the severity and limitations of Plaintiff’s mental impairments. Id. at 1. The Motion is unopposed. Id. at 2. Considering the foregoing, it is RECOMMENDED that the Court: 1) GRANT the Motion (Doc. No. 17); and 2) ENTER judgment REVERSING the Commissioner’s final decision and REMANDING the case for further proceedings; and 3) DIRECT the Clerk to close the case. NOTICE TO PARTIES A party has fourteen days from this date to file written objections to the Report and Recommendation’s factual findings and legal conclusions. A party’s failure to file written objections waives that party’s right to challenge on appeal any unobjected-to factual finding or legal conclusion the district judge adopts from the Report and Recommendation. See 11th Cir. R. 3-1. To expedite remand of this case, if the parties have no objection to this report and recommendation they should promptly file a joint notice of no objection. Recommended in Orlando, Florida on November 14, 2017. Copies furnished to: Presiding District Judge Counsel of Record Unrepresented Party Courtroom Deputy -2-

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