LAMB v. ASTRUE

Filing 23

REPORT AND RECOMMENDATION, It is RECOMMENDED that the court GRANT Defendant's motion for remand. The court DIRECT the Clerk to enter final judgment REVERSING the Commissioner's decision to deny benefits and REMANDING the application to the Commissioner re 1 Petition for Review of Commissioner Decision filed by LEYMAN L LAMB, 22 MOTION to Remand filed by MICHAEL J ASTRUE. Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 2/5/08. Internal deadline for referral to district judge if objections are not filed earlier: 3/4/2008. (pll)

LAMB v. ASTRUE

Doc. 23

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION

LEYMAN L. LAMB, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner, Social Security Administration, _____________________________/ REPORT AND RECOMMENDATION The Secretary has moved for entry of judgment pursuant to sentence four of 42 U.S.C. § 405(g) and remand of this cause to the Commissioner. Plaintiff's counsel does not object to the motion. Doc. 22. A sentence four remand is discretionary, but requires that the court enter "a judgment affirming, modifying, or reversing the decision of the Commissioner." The proper option in this case is to reverse the Commissioner's decision and remand. Melkonyan v. Sullivan, 111 S.Ct. 2157 (1991); Shalala v. Schaefer, 509 U.S. 292, 113 S.Ct. 2625, 125 L.Ed.2d 239 (1993). CASE NO. 5:07cv132-RS

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It is therefore respectfully RECOMMENDED that: 1. The court GRANT Defendant's motion for remand, doc. 22. 2. The court DIRECT the Clerk to enter final judgment REVERSING the Commissioner's decision to deny benefits and REMANDING the application to the Commissioner for rehearing pursuant to sentence four of 42 U.S.C. § 405(g) consistent with this report and recommendation. IN CHAMBERS at Tallahassee, Florida, on February 5, 2008.

S/ William C. Sherrill, Jr. WILLIAM C. SHERRILL, JR. UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES A party may file specific, written objections to the proposed findings and recommendations within 15 days after being served with a copy of this report and recommendation. A party may respond to another party's objections within 10 days after being served with a copy thereof. Failure to file specific objections limits the scope of review of proposed factual findings and

Case No. 5:07cv132-RS