Boehm v. Commissioner of Social Security

Filing 18

FINAL ORDER of Remand for Rehearing. Plaintiff's 11 Motion for Summary Judgment is granted; Defendant's 16 Motion for Summary Judgment is denied. Court adopts Report and Recommendations 17 . Commissioner's decision is REVERSED. Final Judgment is entered in favor of Plaintiff. Signed by Judge William J. Zloch on 5/6/2009. (bc)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-60528-CIV-ZLOCH RICHARD BOEHM, Plaintiff, vs. COMMISSIONER OF SOCIAL SECURITY, Defendant. / THIS MATTER is before the Court upon the Report And FINAL ORDER OF REMAND FOR REHEARING

Recommendation (DE 17) filed herein by United States Magistrate Judge Lurana S. Snow, Plaintiff Richard Boehm's Motion For Summary Judgment (DE 11), and Defendant's Motion For Summary Judgment (DE 16). No objections to the Magistrate's Report have been filed.

The Court has conducted a de novo review of the entire record herein and is otherwise fully advised in the premises. Accordingly, after due consideration, it is ORDERED AND ADJUDGED as follows: 1. The Report And Recommendation (DE 17) be and the same is hereby approved, adopted, and ratified; 2. Plaintiff Richard Boehm's Motion For Summary Judgment (DE

11) be and the same is hereby GRANTED; 3. Defendant's Motion For Summary Judgment (DE 16) be and the same is hereby DENIED; 4. The Commissioner's Decision in the above-styled cause be and the same is hereby REVERSED pursuant to 42 U.S.C. § 405(g), and

the above-styled cause be and the same is hereby REMANDED to the Commissioner for further proceedings consistent with the Report And Recommendation (DE 17); 5. Final Judgment be and the same is hereby ENTERED in favor of Plaintiff Richard Boehm in accordance with Rule 58 of the Federal Rules of Civil Procedure; and 6. To the extent not otherwise disposed of herein, all pending motions are hereby DENIED as moot. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 6th day of May, 2009.

WILLIAM J. ZLOCH United States District Judge Copies furnished: The Honorable Lurana S. Snow United States Magistrate Judge All Counsel of Record

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