BARRY v. COLVIN
Filing
27
ORDER ADOPTING 25 Report and Recommendation. The decision of the Commissioner is AFFIRMED. Signed by SENIOR JUDGE MAURICE M PAUL on 7/1/2014. (atm)
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
PAULETTE BARRY,
Plaintiff,
v.
CASE NO. 1:13-cv-00089-MP-GRJ
CAROLYN W. COLVIN,
Defendant.
_____________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge's Report and
Recommendation dated May 28, 2014. (Doc. 25). The parties have been furnished a copy of the
Report and Recommendation and have been afforded an opportunity to file objections pursuant
to Title 28, United States Code, Section 636(b)(1). Plaintiff has filed objections. (Doc. 26). I
have made a de novo review based on those objections.
Having considered the Report and Recommendation, and the timely filed objections, I
have determined that the Report and Recommendation should be adopted. First, the ALJ properly
assessed Plaintiff’s obesity. Second, Plaintiff has not shown good cause under sentence six of 42
U.S.C. § 405(g) for failing to incorporate evidence of bias into the agency record. Such claims of
bias should be addressed in the first instance at the agency level. Hummel v. Heckler, 736 F.2d
91, 94 (3d Cir. 1984). When evidence of bias is presented for the first time to the district court, a
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remand under sentence six may be appropriate. Id. at 95. A sentence six remand, however, is
conditioned upon Plaintiff showing “good cause for failure to incorporate such evidence into the
record in a prior [agency] proceeding … .” 42 U.S.C. § 405(g). Plaintiff has not shown good
cause. Accordingly, it is hereby
ORDERED AND ADJUDGED:
1.
The magistrate judge’s Report and Recommendation (Doc. 25) is adopted and
incorporated by reference in this order.
2.
The decision of the Commissioner is AFFIRMED.
DONE AND ORDERED this 1st day of July, 2014
s/Maurice M. Paul
Maurice M. Paul, Senior District Judge
Case No: 1:13-cv-00089-MP-GRJ
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