KRUSE v. COLVIN

Filing 17

ORDER ADOPTING 16 REPORT AND RECOMMENDATION and granting 15 Motion to Remand filed by CAROLYN W COLVIN signed by William Terrell Hodges on 6/23/17. The clerk is directed to enter the following judgment, terminated any pending motions and close file. (tss)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION

JOHN FRANCIS KRUSE, JR,
PLAINTIFF,
-vs-

Case No. 1:16-cv-00329-WTH-GRJ

CAROLYN W COLVIN,
DEFENDANT.
______________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge's Report and
Recommendation dated May 26, 2017. (Doc. 16). 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.

2.

Defendant’s Motion for Remand Pursuant to Sentence Four of 42 U.S.C. §
405(g), ECF No. 15, is GRANTED.

3.

The Magistrate Judge’s Report and Recommendation, Doc. 16, is adopted
and incorporated by reference in this order.

The clerk is directed to enter the following judgment: “The Commissioner’s
decision denying benefits to Plaintiff is REVERSED and REMANDED

Page 2 of 2 

pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings.
On remand the ALJ will consider the medical opinion evidence in
accordance with the Commissioner’s regulations, if warranted, consult a
vocational expert to clarify the effects of the assessed limitations on
Plaintiff’s ability to perform work, and issue a new decision.”
4.

The clerk is directed to terminate any pending motions and close the file.

IT IS SO ORDERED.
DONE and ORDERED at Gainesville, Florida this 23rd day of June, 2017.

Case No: 1:16‐cv‐00329‐WTH‐GRJ