RISPOLI v. BERRYHILL

Filing 18

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION re: 16 Motion granting 17 Report and Recommendation. Defendants Consent Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. § 405(g) with Reversal and Rem and of the Cause to Defendant, ECF No. 16, is GRANTED. The Commissioners decision denying benefits to Plaintiff is REVERSED and REMANDED pursuant to Sentence Four of 42 U.S.C. § 405(g) for further proceedings. On remand, the ALJ shall consider the new evidence and re-assess the claims as set forth in the Report and Recommendation. Signed by CHIEF JUDGE MARK E WALKER on 8/21/18. (bkp)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION MICHELLE MARIE RISPOLI, Plaintiff, v. Case No. 1:18cv16-MW/GRJ NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ___________________________/ ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation. ECF No. 17. Defendant has filed her Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. § 405(g) With Reversal and Remand of the Cause to the Defendant. ECF No. 16. For this reason, IT IS ORDERED: The report and recommendation is accepted and adopted as this Court’s opinion. The Clerk shall enter judgment stating, “Defendant’s Consent Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. § 405(g) with Reversal and Remand of the Cause to Defendant, ECF No. 16, is GRANTED. The Commissioner’s decision denying benefits to Plaintiff is REVERSED and 1 REMANDED pursuant to Sentence Four of 42 U.S.C. § 405(g) for further proceedings. On remand, the ALJ shall consider the new evidence and re-assess the claims as set forth in the Report and Recommendation.” The Clerk shall close the file. SO ORDERED on 8/21/2018. s/ MARK E. WALKER Chief United States District Judge 2

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