Summary
concluding that "[s]ince a review of the hearing transcript discloses a failure to object in the requisite manner, 'the Court is precluded from reviewing the issue of the ALJ's bias.'"
Summary of this case from Clay v. Comm'r of Soc. Sec.Opinion
CASE NO: 8:08-cv-1657-T-23HTS.
July 23, 2009
ORDER
On July 2, 2009, the magistrate judge issued a report (Doc. 22) recommending (a) reversal of the Commissioner's decision denying the plaintiff's claim for Disability Insurance Benefits and Supplemental Security Income and (b) remand to the Commissioner with instructions under sentence four of 42 U.S.C. § 405(g). Neither party objects to the report and the time for filing objections has elapsed. Accordingly, the report and recommendation (Doc. 22) is ADOPTED. The Commissioner's decision is REVERSED and this matter is REMANDED pursuant 42 U.S.C. § 405(g) (sentence four) to the Commissioner for the administrative law judge to conduct further proceedings as outlined in the magistrate judge's report and recommendation. If benefits are awarded on remand, the plaintiff may apply for an award of attorney's fees pursuant to 42 U.S.C. § 406(b) within thirty days of a determination of the plaintiff's benefits. The Clerk is directed to terminate any pending motion and close the case.
ORDERED in Tampa, Florida.