Gutierrez v. Commissioner of Social Security

Filing 21

FINAL JUDGMENT granting 12 Motion for Summary Judgment; denying 19 Motion for Summary Judgment; adopting Report and Recommendations re 20 Report and Recommendations. Reversing and Remanding matter for a proper evaluation of the mental impairment issue; Closing Case.. Signed by Judge Adalberto Jordan on 9/16/2008. (ls)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. 07-21886-CIV-JORDAN AURORA GUTIERREZ for Fernando Allande, Plaintiffs vs. MICHAEL J. ASTRUE, Commissioner of Social Security Defendants ____________________________________ ) ) ) ) ) ) ) ) )

FIN A L JUDGMENT Upon a de novo review of the record, I adopt the report and recommendation issued by Magistrate Judge Dube [D.E. 20], to which there have been no objections. Accordingly, the plaintiff's motion for summary judgment [D.E. 12] is granted, and the defendant's motion for summary judgment [D.E. 19] is denied. The ALJ's decision denying benefits to Fernando Allende is reversed, and the matter is remanded for a proper evaluation of the mental impairment issue. This case is closed.
DONE

and ORDERED in chambers in Miami, Florida, this 16th day of September, 2008.

_______________________ Adalberto Jordan United States District Judge Copy to: Magistrate Judge Dube All counsel of record