Gerrell v. Commissioner of Social Security

Middle District of Florida, flmd-8:2017-cv-01352

ORDER: (1) The Report and Recommendation of the Magistrate Judge {{21}} is ADOPTED, CONFIRMED, and APPROVED in all respects and is made a part of this Order for all purposes, including appellate review. (2) The final decision of the Commissione r is REVERSED. This case is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with the Report and Recommendation. (3) The Clerk is directed to terminate any pending motions, enter a judgment in favor of Plaintiff, and close this case. Signed by Judge Charlene Edwards Honeywell on 7/16/2018. (BGS)

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PageID 588 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION KASSINE SHEFFIELD GERRELL, Plaintiff, v. Case No: 8:17-cv-1352-T-36MAP COMMISSIONER OF SOCIAL SECURITY, Defendant. / ORDER This cause comes before the Court upon the Report and Recommendation filed by Magistrate Judge Mark A. Pizzo on June 27, 2018 (Doc. 21). Magistrate Judge Pizzo recommends that the Commissioner's decision be reversed and the matter remanded under sentence four of 42 U.S.C. §405(g) for further proceedings. Neither party has objected to the Report and Recommendation and the time to do so has expired. After careful consideration of the Report and Recommendation of the Magistrate Judge, in conjunction with an independent examination of the court file, the Court is of the opinion that the Magistrate Judge's Report and Recommendation should be adopted, confirmed, and approved in all respects. Accordingly, it is hereby ORDERED and ADJUDGED as follows: (1) The Report and Recommendation of the Magistrate Judge (Doc. 21) is ADOPTED, CONFIRMED, and APPROVED in all respects and is made a part of this Order for all purposes, including appellate review. PageID 589 (2) The final decision of the Commissioner is REVERSED. This case is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with the Report and Recommendation. (3) The Clerk is directed to terminate any pending motions, enter a judgment in favor of Plaintiff, and close this case. DONE and ORDERED at Tampa, Florida on July 16, 2018. Copies furnished to: Counsel of Record U.S. Magistrate Judge Mark A. Pizzo 2