SPINK v. ASTRUE

Filing 22

REPORT AND RECOMMENDATION re 21 MOTION to Remand filed by MICHAEL J ASTRUE : It is recommended that Defendants motion to remand (doc. 21 ) be GRANTED, and this cause REMANDED to the Commissioner for further proceedings by the Ad ministrative Law Judge, as set forth above. It is also recommended that final judgment be entered. Signed by MAGISTRATE JUDGE ALLAN KORNBLUM on 3/03/2009. Internal deadline for referral to district judge if objections are not filed earlier: 3/31/2009. (kdm)

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

ALFRED D. SPINK, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. / REPORT AND RECOMMENDATION Plaintiff brings this cause pursuant to 42 U.S.C. § 405(g) seeking judicial review of the administrative denial of his application for disability insurance benefits under Title II of the Social Security Act and supplemental security income benefits under Title XVI of the Social Security Act. (Doc. 1). Defendant has moved to remand this matter (doc. 21) to the Commissioner under sentence four of 42 U.S.C. § 405(g) which provides that: The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing. CASE NO. 1:08CV175-MP/AK

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Defendant concedes that this action should be remanded to the Administrative Law Judge for additional action, and specifically requests that upon remand the Administrative Law Judge conduct a de novo hearing with instructions to properly evaluate the severity of all of Plaintiff's impairments and give further consideration to Plaintiff's maximum residual functional capacity, giving appropriate rationale with specific references to the evidence of record in support of the assessed limitations. This Court shall also enter a final judgment under Rule 58, Federal Rules of Civil Procedure. Plaintiff has no objection to the motion to remand. Accordingly, it is RECOMMENDED that Defendant's motion to remand (doc. 21) be GRANTED, and this cause REMANDED to the Commissioner for further proceedings by the Administrative Law Judge, as set forth above. It is also recommended that final judgment be entered. IN CHAMBERS at Gainesville, Florida, this 3rd day of March, 2009.

s/ A. KORNBLUM ALLAN KORNBLUM 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.

No. 1:08CV175-MP/AK