History
  • No items yet
midpage
Gardner v. Commissioner of Social Security
6:16-cv-00684
| M.D. Fla. | Dec 9, 2016
|
Check Treatment
|
Docket
Case Information

*1 Case 6:16-cv-00684-CEM-DCI Document 24 Filed 12/09/16 Page 1 of 2 PageID 1280

U NITED S TATES D ISTRICT C OURT M IDDLE D ISTRICT O F F LORIDA O RLANDO D IVISION BRIAN CHRISTOPHER GARDNER, Plaintiff, v. Case No: 6:16-cv-684-Orl-41DCI COMMISSIONER OF SOCIAL SECURITY,

Defendant. R EPORT AND R ECOMMENDATION

This cause comes before the Court for consideration without oral argument on the following motion: MOTION: UNOPPOSED MOTION FOR ENTRY OF JUDGMENT WITH REMAND (Doc. 23) FILED: December 9, 2016 THEREON it is RECOMMENDED that the motion be GRANTED . On December 9, 2016, the Commissioner of Social Security (the Commissioner) filed an

Unopposed Motion for Entry of Judgment with Remand (the Motion). Doc. 23. In the Motion, the Commissioner requested that her decision be reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g) so that the following may occur:

On remand, the Administrative Law Judge will weigh the treatment records and opinions of Dr. Kasia Osadzinska (Central Florida Pain Management Centers), Dr. Ronald Snyder, Dr. Jeffrey Corak, and Dr. Scott Katzman and Dr. Monica McPhail- Pruitt (Advanced Orthopedics and Pain Management) and explain the weight given to the opinion evidence.

*2 Case 6:16-cv-00684-CEM-DCI Document 24 Filed 12/09/16 Page 2 of 2 PageID 1281 Id . at 1. The Motion is unopposed. Id . Upon review of the reasons for reversal and remand of the Commissioner’s decision, the undersigned finds the Motion well-taken.

Accordingly, it is RECOMMENDED that: 1. The Motion (Doc. 23) be GRANTED ; 2. For the above stated reasons, the final decision of the Commissioner be REVERSED

and REMANDED to the Commissioner pursuant to sentence four of Section 405(g); and

3. The Clerk be directed to enter a separate judgment in favor of Plaintiff and to close the case.

NOTICE

TO PARTIES A party has fourteen days from this date to file written objections to the Report and Recommendation’s factual findings and legal conclusions. A party’s failure to file written objections waives that party’s right to challenge on appeal any unobjected-to factual finding or legal conclusion the district judge adopts from the Report and Recommendation. See 11th Cir. R. 3-1. If the parties have no objection to this Report and Recommendation, they may promptly file a joint notice of no objection in order to expedite the final disposition of this case.

Recommended in Orlando, Florida on December 9, 2016. Copies furnished to: Counsel of Record Unrepresented Parties

- 2 -

Case Details

Case Name: Gardner v. Commissioner of Social Security
Court Name: District Court, M.D. Florida
Date Published: Dec 9, 2016
Docket Number: 6:16-cv-00684
Court Abbreviation: M.D. Fla.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.