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Salamina v. Colvin

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
May 29, 2013
CASE NO.: 8:12-cv-1985-T-23TGW (M.D. Fla. May. 29, 2013)

Summary

recognizing the ALJ referred to and discussed VA medical records but holding the "discussion ... does not substitute for consideration of the rating decision itself"

Summary of this case from Karpf v. Comm'r of Soc. Sec.

Opinion

CASE NO.: 8:12-cv-1985-T-23TGW

05-29-2013

LOUIS E. SALAMINA, Plaintiff, v. CAROLYN W. COLVIN, Defendant.


ORDER

A May 8, 2013, report (Doc. 14) by Magistrate Judge Thomas G. Wilson recommends a reversal of the Commissioner's decision and a remand of this action for further proceedings. No party objects.

The report and recommendation (Doc. 14) is ADOPTED. Under 42 U.S.C. § 405(g), this action is REVERSED and REMANDED for further proceedings consistent with the report and recommendation. The Clerk is directed to (1) enter judgment in favor of the plaintiff and against the defendant, (2) terminate any pending motion, and (3) close the case.

ORDERED in Tampa, Florida, on May 29, 2013.

/s/_________

STEVEN D. MERRYDAY

UNITED STATES DISTRICT JUDGE


Summaries of

Salamina v. Colvin

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
May 29, 2013
CASE NO.: 8:12-cv-1985-T-23TGW (M.D. Fla. May. 29, 2013)

recognizing the ALJ referred to and discussed VA medical records but holding the "discussion ... does not substitute for consideration of the rating decision itself"

Summary of this case from Karpf v. Comm'r of Soc. Sec.

stating that in view of the remand, it was unnecessary to address the plaintiff's other contentions

Summary of this case from Day v. Berryhill

In Salamina v. Colvin, Case No. 8:12-cv-1985-T-23TGW, 2013 WL 2352204 at *3-4 (M.D. Fla. May 29, 2013), the ALJ stated that the plaintiff received disability benefits from the VA, but "did not expressly identify the VA disability rating itself," "did not specify what weight, if any, she afforded to the rating," and "did not engage in any evaluation of the plaintiff's VA disability rating."

Summary of this case from Gonz v. Comm'r of Soc. Sec.
Case details for

Salamina v. Colvin

Case Details

Full title:LOUIS E. SALAMINA, Plaintiff, v. CAROLYN W. COLVIN, Defendant.

Court:UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

Date published: May 29, 2013

Citations

CASE NO.: 8:12-cv-1985-T-23TGW (M.D. Fla. May. 29, 2013)

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