MILLER v COLVIN

Filing 19

ORDER ADOPTING 18 REPORT AND RECOMMENDATION and granting 17 Motion to Remand filed by CAROLYN W COLVIN signed by SENIOR JUDGE MAURICE M PAUL on 6/30/14 - the Clerk is directed to enter Judgment, terminate pending motions and close file (tss)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
ANTONIO MILLER,
Plaintiff,
v.

CASE NO. 1:13-cv-00198-MP-GRJ

CAROLYN W COLVIN,
Defendant.
_____________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge's Report and
Recommendation dated May 23, 2014. (Doc. 18). 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). The time for filing objections has passed, and
none have been filed.
Having considered the Report and Recommendation, I have determined that the Report
and Recommendation should be adopted.
Accordingly, it is hereby
ORDERED AND ADJUDGED:
1.

The magistrate judge’s Report and Recommendation (Doc. 18) is adopted and
incorporated by reference in this order.

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2.

Defendant’s Motion to Remand (Doc. 17) is GRANTED. The decision of the
Commissioner denying benefits is REVERSED and REMANDED pursuant to
sentence four of 42 U.S.C. § 405(g).

3.

On remand, the Appeals Counsel should vacate the May 1, 2012 decision and
direct the administrative law judge to reevaluate Plaintiff’s impairments in a
manner consistent with 20 C.F.R. § 416.994 (2013), the provision for determining
whether a disability continues or ends. The Appeals Council also should direct the
ALJ to provide Plaintiff with an opportunity to submit additional evidence. After
evaluating the evidence, the ALJ should issue a de novo decision regarding
Plaintiff’s continuing disability.

4.

The Clerk of Court is directed to enter final judgment, terminate any pending
motions, and close the file.

DONE AND ORDERED this 30th day of June, 2014

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge

Case No: 1:13-cv-00198-MP-GRJ