Opinion
6:21-cv-319-GKS-MCR
01-03-2022
JACQUELINE LEE BALBACH, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
G. KENDALL SHARP SENIOR UNITED STATES DISTRICT JUDGE
This cause comes before the Court upon Defendant, Commissioner of Social Security's, Unopposed Motion for Entry of Judgment With Remand (Doc. 26) (Motion). Defendant states in the Motion that "[u]pon remand, the Commissioner will further evaluate the Plaintiffs residual functional capacity and the State agency prior administrative medical findings, and take any other action deemed necessary." (Doc. 26:1). The Court referred the Motion to the United States Magistrate Judge for a report and recommendation (Report and Recommendation).
On December 16, 2021, the United States Magistrate Judge issued a Report and Recommendation (Doc. 27), recommending that Defendant's Motion be granted, the Commissioner's decision be reversed and remanded, and judgment be entered for Plaintiff.
After review and consideration of the Report and Recommendation, it is hereby ORDERED and ADJUDGED as follows:
1. United States Magistrate Judge Monte C. Richardson's Report and Recommendation (Doc. 27) is APPROVED and ADOPTED and is made part of this Order for all purposes, including appellate review.
2. Defendant's Unopposed Motion for Entry of Judgment With Remand (Doc. 26) is GRANTED.
3. The Commissioner's final decision is REVERSED, and the action is REMANDED to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g) for the reason stated by the Commissioner.
4. The Clerk of Court is DIRECTED to enter Judgment in favor of Plaintiff, Jacqueline Lee Balbach, and against Defendant Commissioner of Social Security, and CLOSE this case.
DONE AND ORDERED at Orlando, Florida, this 3rd day of January, 2022.