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Roberts v. Comm'r of Soc. Sec.

United States District Court, Middle District of Florida
Oct 15, 2021
6:21-cv-459-GKS-GJK (M.D. Fla. Oct. 15, 2021)

Opinion

6:21-cv-459-GKS-GJK

10-15-2021

SHANNON N. ROBERTS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.


REPORTANDRECOMMENDATION

GREGORY J. JtELLY UNITED STATES MAGISTRATE JUDGE

This cause came on for consideration, without oral argument, on the following motion:

MOTION: UNOPPOSED MOTION TO REMAND UNDER SENTENCE FOUR (Doc. No. 23)
FILED: September 8, 2021
THEREON it is RECOMMENDED that the motion be GRANTED.

On September 8, 2021, the Commissioner of Social Security (the “Commissioner”) filed an Unopposed Motion to Remand Under Sentence Four (hereafter the “Motion”) requesting that the decision of the Commissioner be reversed and remanded, pursuant to sentence four of 42 U.S.C. § 405(g), for the Administrative 1 Law Judge to render a new decision, “reassess Plaintiff's residual functional capacity along with the medical opinion evidence; if necessary, to obtain vocational expert evidence; to offer Plaintiff the opportunity for a hearing; to take any further action needed to complete the administrative record.” Doc. No. 23. The Motion is unopposed. Id.

Based on the foregoing, it is RECOMMENDED that the Court:

1. GRANT the Motion (Doc. No. 23);

2. REVERSE and REMAND the case to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g); and

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

NOTICE TO PARTIES

A party has fourteen days from the date this Report and Recommendation is served to serve and file written objections to the Report and Recommendation's factual findings and legal conclusions. Failure to serve and 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. 11th Cir. R. 3-1.

RECOMMENDED 2


Summaries of

Roberts v. Comm'r of Soc. Sec.

United States District Court, Middle District of Florida
Oct 15, 2021
6:21-cv-459-GKS-GJK (M.D. Fla. Oct. 15, 2021)
Case details for

Roberts v. Comm'r of Soc. Sec.

Case Details

Full title:SHANNON N. ROBERTS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY…

Court:United States District Court, Middle District of Florida

Date published: Oct 15, 2021

Citations

6:21-cv-459-GKS-GJK (M.D. Fla. Oct. 15, 2021)