McCRARY v. BERRYHILL
Filing
13
REPORT AND RECOMMENDATION - Accordingly, it is respectfully RECOMMENDED: That Defendant=s motion to remand, ECF No. 12 , be GRANTED, and the Acting Commissioner's decision denying benefits be REVERSED. That this case be REMANDED to the Acting Commissioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g). That Defendant be ordered to conduct proceedings in accordance with this Report and Recommendation. That the clerk be directed to enter fin al judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure That the clerk be directed to administratively close this file. R&R flag set. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 11/6/2017. Internal deadline for referral to district judge if objections are not filed earlier: 12/4/2017. (vkm)
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
BARBARA L. McCRARY,
Plaintiff,
vs.
Case No. 1:17cv188-MW/CAS
NANCY A. BERRYHILL, Acting
Commissioner of Social
Security,
Defendant.
_______________________________/
REPORT AND RECOMMENDATION
This action was initiated under the Social Security Act to obtain judicial
review of Defendant=s final decision denying Plaintiff=s claim for disability
benefits.
ECF No. 1.
Defendant filed a motion to remand pursuant to
sentence four of 42 U.S.C. ' 405(g). ECF No. 12. Defendant has certified
that Plaintiff has no objection to this motion. Id. at 2.
Sentence four of section 405(g) states that A[t]he 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.@ 42 U.S.C. '
Case No. 1:17cv188-MW/CAS
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405(g).
The Acting Commissioner states that remand is appropriate to
enable an Administrative Law Judge to “further evaluate Plaintiff's claim.”
ECF No. 12 at 2. Based upon the foregoing, this court concludes that good
cause has been shown for remand.
Accordingly, it is respectfully RECOMMENDED:
1. That Defendant=s motion to remand, ECF No. 12, be GRANTED,
and the Acting Commissioner=s decision denying benefits be REVERSED.
2. That this case be REMANDED to the Acting Commissioner of
Social Security pursuant to sentence four of 42 U.S.C. ' 405(g).
3. That Defendant be ordered to conduct proceedings in accordance
with this Report and Recommendation.
4. That the clerk be directed to enter final judgment pursuant to Rule
58 of the Federal Rules of Civil Procedure
5. That the clerk be directed to administratively close this file.
IN CHAMBERS at Tallahassee, Florida, this November 6, 2017.
/s/ Charles A. Stampelos
CHARLES A. STAMPELOS
UNITED STATES MAGISTRATE JUDGE
Case No. 1:17cv188-MW/CAS
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NOTICE TO THE PARTIES
Within fourteen (14) days after being served with a copy of this
Report and Recommendation, a party may serve and file specific
written objections to these proposed findings and recommendations.
Fed. R. Civ. P. 72(b)(2). A copy of the objections shall be served upon
all other parties. A party may respond to another party=s objections
within fourteen (14) days after being served with a copy thereof. Fed.
R. Civ. P. 72(b)(2). Any different deadline that may appear on the
electronic docket is for the Court=s internal use only and does not
control. If a party fails to object to the Magistrate Judge=s findings or
recommendations as to any particular claim or issue contained in this
Report and Recommendation, that party waives the right to challenge
on appeal the District Court=s order based on the unobjected-to factual
and legal conclusions. See 11th Cir. Rule 3-1; 28 U.S.C. ' 636.
Case No. 1:17cv188-MW/CAS
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