Burch v. Commissioner of Social Security

Middle District of Florida, flmd-8:2016-cv-03524

ORDER ATTACHED adopting {{11}} REPORT AND RECOMMENDATION re: {{10}} memorandum social security - defendant filed by Commissioner of Social Security, {{1}} Complaint filed by Angela Burch; reversing and remanding the decision of the Commissioner of th e United States Social Security Administration; directing the Clerk to enter judgment in favor of Plaintiff consistent with 42 U.S.C. §§ 405(g) and 1383(c)(3), to terminate all pending motions, and to close the case. Signed by Judge Susan C Bucklew on 1/31/2018. (DMB)

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PageID 463 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION ANGELA BURCH, o/b/o J.K., Plaintiff, v. Case No. 8:16-cv-3524-T-24AAS NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. _____________________________/ ORDER THIS CAUSE comes before the Court for consideration of Plaintiff's complaint seeking review of the decision of the Commissioner of the Social Security Administration (Doc. No. 1). This complaint was considered by the United States Magistrate Judge, pursuant to a specific order of referral. Magistrate Judge Sansone has filed her report recommending that the Commissioner's decision be affirmed. (Doc. No. 11). All parties were furnished copies of the Report and Recommendation and were afforded the opportunity to file objections pursuant to 28 U.S.C. § 636(b)(1). No such objections were filed. Upon consideration of the Report and Recommendation, and upon this Court's independent examination of the file, it is determined that the Report and Recommendation should be adopted. Accordingly, it is now ORDERED AND ADJUDGED that (1) The Magistrate Judge's Report and Recommendation (Doc. No. 11) is adopted and incorporated by reference in this Order of the Court; PageID 464 (2) The decision of the Commissioner of the United States Social Security Administration is REVERSED AND REMANDED; and (3) The Clerk is directed to enter judgment in favor of Plaintiff consistent with 42 U.S.C. §§ 405(g) and 1383(c)(3), to terminate all pending motions, and to close the case. DONE AND ORDERED at Tampa, Florida, this 31st day of January, 2018. Copies to: The Honorable Amanda Arnold Sansone Counsel of Record 2