Kwilecki v. Commissioner of Social Security

Filing 16

ORDER adopting 15 Report and Recommendation of the Magistrate Judge. The Report and Recommendation of the Magistrate Judge is ADOPTED, CONFIRMED, and APPROVED in all respects and is made a part of this Order for all purposes, including appella te review. The final decision of the Commissioner is REVERSED. This case is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings, including consideration of the new medical evidenc e, and pursuant to sentence six of 42 U.S.C. § 405(g) for consideration of the newly submitted evidence. The Clerk is directed to terminate any pending motions, enter a judgment in favor of Plaintiff, and close this case. Signed by Judge Charlene Edwards Honeywell on 1/27/2016. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
DUSTIN JAMES KWILECKI,
Plaintiff,
v.

Case No: 8:14-cv-2240-T-36MAP

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER
This cause comes before the Court upon the Report and Recommendation filed by
Magistrate Judge Mark A. Pizzo on January 8, 2016 (Doc. 15).

Magistrate Judge Pizzo

recommends that a judgment be entered for the Plaintiff and the case remanded pursuant to
sentence four of 42 U.S.C. § 405(g) for further administrative proceedings, including consideration
of the new medical evidence. Additionally, Magistrate Judge Pizzo recommends that the case be
remanded pursuant to sentence six of 42 U.S.C. § 405(g) for consideration of the newly submitted
evidence. Neither party has objected to the Report and Recommendation and the time to do so has
expired.
After careful consideration of the Report and Recommendation of the Magistrate Judge, in
conjunction with an independent examination of the court file, the Court is of the opinion that the
Magistrate Judge’s Report and Recommendation should be adopted, confirmed, and approved in
all respects.
Accordingly, it is hereby ORDERED and ADJUDGED as follows:

(1)

The Report and Recommendation of the Magistrate Judge (Doc. 15) is ADOPTED,
CONFIRMED, and APPROVED in all respects and is made a part of this Order
for all purposes, including appellate review.

(2)

The final decision of the Commissioner is REVERSED.

This case is

REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g)
for further administrative proceedings, including consideration of the new medical
evidence, and pursuant to sentence six of 42 U.S.C. § 405(g) for consideration of
the newly submitted evidence.
(3)

The Clerk is directed to terminate any pending motions, enter a judgment in favor
of Plaintiff, and close this case.

DONE and ORDERED at Tampa, Florida on January 27, 2016.

Copies furnished to:
Counsel of Record
U.S. Magistrate Judge Mark A. Pizzo

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