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Roberts v. Commissioner of Social Security

United States District Court, M.D. Florida, Orlando Division

January 10, 2017

KEITH ROBERTS, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

          ORDER

          PAUL G. BYRON, UNITED STATES DISTRICT JUDGE

         This cause is before the Court on Plaintiff's Appeal of the Commissioner of Social Security's final decision to deny his application for disability insurance benefits and supplemental security benefits (Doc. 1) filed on January 11, 2016. The United States Magistrate Judge has submitted a report recommending that the Commissioner's final decision be reversed and the case be remanded, pursuant to sentence four of 42 U.S.C. §405(g).

         After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation.

         Therefore, it is ORDERED as follows:

         1. The Report and Recommendation filed December 19, 2016 (Doc. 21), is ADOPTED and CONFIRMED and made a part of this Order.

         2. The Appeal of the Commissioner of Social Security's final decision to deny application for disability insurance benefits and supplemental security benefits (Doc. 1) is REVERSED and the case REMANDED for further proceedings consistent with the finding in the Report and Recommendation filed December 19, 2016 (Doc. 21).

         3. The Clerk is DIRECTED to enter judgment accordingly and CLOSE the file.

         4. Plaintiff is advised that the deadline to file a motion for attorney's fees pursuant to 42 U.S.C. §406(b) shall be thirty (30) days after Plaintiff receives notice from the Social Security Administration of the amount of past due benefits awarded.

         5. Plaintiff is DIRECTED that upon receipt of such notice, he shall promptly email Mr. Rudy and the OGC attorney who prepared the Commissioner's ...


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