YANOPOULOS v. COMMISSIONER OF SOCIAL SECURITY

Filing 17

REPORT AND RECOMMENDATION - Accordingly, it is respectfully RECOMMENDED: That Defendant's motion to reverse and remand, ECF No. 16 , be GRANTED, and the Acting Commissioner's decision denying benefits be REVERSED. Th at 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 final 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 2/26/2018. (vkm)

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
ANDREA H. YANAPOULOS,
Plaintiff,
vs.

Case No. 1:17cv208-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 an unopposed motion for entry of
judgment pursuant to sentence four of Title 42 U.S.C. ' 405(g) and requested
this case be reversed and remanded. ECF No. 16. Defendant has stated
that Plaintiff has no objection to this motion. Id.
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. 1:17cv208-MW/CAS

Page 2 of 2

' 405(g). The Acting Commissioner states that “remand is appropriate to
permit further evaluation of the case.”

ECF No. 16.

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 reverse and remand, ECF No. 16, 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 February 26, 2018.
/s/ Charles A. Stampelos
CHARLES A. STAMPELOS
UNITED STATES MAGISTRATE JUDGE

Case No. 1:17cv208-MW/CAS