Bristol v. Commissioner of Social Security

Filing 16

REPORT AND RECOMMENDATION re 1 Complaint filed by Gladinet Bristol. It is RECOMMENDED that the Motion (Doc. 15) be GRANTED; the final decision of the Commissioner be REVERSED and REMANDED to the Commissioner pursuant to sentence four of Section 405(g); and the Clerk be directed to enter a separate judgment in favor of Plaintiff and to close the case. See Order for details. Signed by Magistrate Judge Daniel C. Irick on 5/1/2018. (RN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
GLADINET BRISTOL,
Plaintiff,
v.

Case No: 6:17-cv-2022-Orl-40DCI

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

REPORT AND RECOMMENDATION
This cause comes before the Court for consideration without oral argument on the
following motion:
MOTION:

UNOPPOSED MOTION FOR ENTRY OF JUDGMENT
WITH REMAND (Doc. 15)

FILED:

April 30, 2018

THEREON it is Recommended that the motion be GRANTED.
On April 30, 2018, the Commissioner of Social Security (the Commissioner) filed an
Unopposed Motion for Entry of Judgment with Remand (the Motion). Doc. 15. In the Motion,
the Commissioner requested that her decision be reversed and remanded pursuant to sentence four
of 42 U.S.C. § 405(g) so that the following may occur:
On remand, the Appeals Council will instruct the ALJ to consider the additional
evidence, further evaluate the claimant’s subjective allegations, and consider the
claimant’s ability to return to her past relevant work or, in the alternative, her ability
to make an adjustment to other work.

Id. at 1. The Motion is unopposed. Id. Upon review of the reasons for reversal and remand of the
Commissioner’s decision, the undersigned finds the Motion well-taken.
Accordingly, it is RECOMMENDED that:
1. The Motion (Doc. 15) be GRANTED;
2. For the above stated reasons, the final decision of the Commissioner be REVERSED
and REMANDED to the Commissioner pursuant to sentence four of Section 405(g);
and
3. The Clerk be directed to enter a separate judgment in favor of Plaintiff and 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. If the parties have no objection to this Report and Recommendation, they may promptly
file a joint notice of no objection in order to expedite the final disposition of this case.
Recommended in Orlando, Florida on May 1, 2018.

Copies furnished to:
Presiding District Judge
Counsel of Record
Unrepresented Party
Courtroom Deputy

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