HUGHES v. ASTRUE

Filing 15

REPORT AND RECOMMENDATION, It is RECOMMENDED that 14 MOTION to Remand filed by MICHAEL J ASTRUE be GRANTED. The court DIRECT the Clerk to enter final judgment REVERSING the Commissioner's decision to deny benefits and REMAND ING the application to the Commissioner for rehearing pursuant to sentence four of 42 U.S.C. § 405(g) consistent with this report and recommendation. Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 12/30/08. Internal deadline for referral to district judge if objections are not filed earlier: 1/27/2009. (pll)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION

TERESA D. HUGHES, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner, Social Security Administration, Defendant. _____________________________/ REPORT AND RECOMMENDATION The Defendant has filed a motion to remand of this cause to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g). Plaintiff's counsel does not object to the motion. Doc. 14. A sentence four remand is discretionary, but requires that the court enter "a judgment affirming, modifying, or reversing the decision of the Commissioner." The proper option in this case is to reverse the Commissioner's decision and remand. Melkonyan v. Sullivan, 111 S.Ct. 2157 (1991); Shalala v. Schaefer, 509 U.S. 292, 113 S.Ct. 2625, 125 L.Ed.2d 239 (1993). CASE NO. 1:08cv0046-MP/WCS

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It is therefore respectfully RECOMMENDED that: 1. The court GRANT Defendant's motion for remand, doc. 14. 2. The court DIRECT the Clerk to enter final judgment REVERSING the Commissioner's decision to deny benefits and REMANDING the application to the Commissioner for rehearing pursuant to sentence four of 42 U.S.C. § 405(g) consistent with this report and recommendation. IN CHAMBERS at Tallahassee, Florida, this 30th day of December, 2008.

s/ William C. Sherrill, Jr. WILLIAM C. SHERRILL, JR. UNITED STATES MAGISTRATE JUDGE
NOTICE TO THE PARTIES A party may file specific, written objections to the proposed findings and recommendations within 15 days after being served with a copy of this report and recommendation. A party may respond to another party's objections within 10 days after being served with a copy thereof. Failure to file specific objections limits the scope of review of proposed factual findings and recommendations.

Case No. 1:08cv0046-MP