WATSON v. COMMISSIONER OF SOCIAL SECURITY
Filing
28
REPORT AND RECOMMENDATION: That the defendant's motion to remand (doc. 27 ) be GRANTED and the Commissioner's decision denying benefits be REVERSED. That this case be remanded to the Commissioner of Social Security pursu ant to sentence four of 42 U.S.C. § 405(g). That the clerk be directed to enter judgment for plaintiff and close the file. Signed by MAGISTRATE JUDGE MILES DAVIS on 12/8/2009. R&R flag set. Internal deadline for referral to district judge if objections are not filed earlier: 1/5/2010. (djb)
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION TONY WATSON, Plaintiff, vs. CASE NO.: 5:09cv38/RS/MD
MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. _____________________________________________________________________ REPORT AND RECOMMENDATION This case is before the court upon plaintiff's complaint filed pursuant to 42 U.S.C. § 405(g) seeking judicial review of a final decision of the Commissioner of Social Security denying plaintiff's claim for benefits. Pending is the defendant's motion to remand pursuant to sentence four of § 405(g) (doc. 27). The plaintiff does not oppose the motion according to the certification of the defendant. Pursuant to sentence four of 42 U.S.C. § 405(g), the court may "enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the [Commissioner], with or without remanding the cause for a rehearing." The Commissioner of Social Security states that remand is appropriate so the ALJ can be directed to fully develop the medical records from plaintiff's psychiatric treatment in 2007 as well as any follow-up care. The ALJ will re-evaluate plaintiff's residual functional capacity and include the credible limitations attributable to his mental impairments. He or she will explain the weight given to all state agency medical opinions and the ALJ will also obtain vocational expert testimony to support a decision at step five of the sequential evaluation. Good cause has been shown for remand.
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Accordingly, it is RECOMMENDED as follows: 1. That the defendant's motion to remand (doc. 27) be GRANTED and the
Commissioner's decision denying benefits be REVERSED. 2. That this case be remanded to the Commissioner of Social Security
pursuant to sentence four of 42 U.S.C. § 405(g). 3. That defendant be ordered to direct the Administrative Law Judge to
fully develop the medical records from plaintiff's psychiatric treatment in 2007 as well as any follow-up care. The ALJ will re-evaluate plaintiff's residual functional capacity and include the credible limitations attributable to his mental impairments. He or she will explain the weight given to all state agency medical opinions and the ALJ will also obtain vocational expert testimony to support a decision at step five of the sequential evaluation. 4. file. DONE AND ORDERED this 8th day of December, 2009. That the clerk be directed to enter judgment for plaintiff and close the
/s/
Miles Davis
MILES DAVIS UNITED STATES MAGISTRATE JUDGE
NOTICE TO PARTIES Any objections to these proposed findings and recommendations must be filed within ten days after being served a copy thereof. Any different deadline that may appear on the electronic docket is for the court's internal use only, and does not control. A copy of objections shall be served upon the magistrate judge and al other parties. Failure to object may limit the scope of appellate review of factual findings. See 28 U.S.C. § 636; United States v. Roberts, 858 F.2d 698, 701 (11th Cir. 1988).
Case No: 5:09cv38/RS/MD
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