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Emerson v. Comm'r of Soc. Sec.

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION
Feb 10, 2015
Case No: 6:14-cv-648-Orl-18GJK (M.D. Fla. Feb. 10, 2015)

Opinion

Case No: 6:14-cv-648-Orl-18GJK

02-10-2015

VALERIE EMERSON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.


REPORT AND RECOMMENDATION

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

MOTION: UNOPPOSED MOTION FOR REMAND UNDER SENTENCE SIX OF 42 U.S.C § 405(g) (Doc. No. 19)



FILED: February 6, 2015



THEREON it is RECOMMENDED that the motion be GRANTED.

On February 6, 2015, the Commissioner of Social Security (the "Commissioner") filed an Unopposed Motion for Remand Under Sentence Six of 42 U.S.C. § 405(g) (the "Motion"). Doc. No. 19. In the Motion, the Commissioner requests that the case be remanded to the Commissioner for a new hearing before an Administrative Law Judge. See Doc. No. 15 (Plaintiff's response to the Commissioner's motion to dismiss). Plaintiff has no objection to the relief requested. Doc. No. 19 at 1. Accordingly, it is RECOMMENDED that the Court:

1. GRANT the Motion (Doc. No. 19);
2. REMAND the case to the Commissioner for further proceedings pursuant to sentence six of Section 405(g) for the reasons set forth above;



3. Direct the Clerk to administratively close the case; and



4. Retain jurisdiction over the case.

Failure to file written objections to the proposed findings and recommendations contained in this report within fourteen (14) days from the date of its filing shall bar an aggrieved party from attacking the factual findings on appeal. In order to expedite the final disposition of this matter, if the parties have no objection to this report and recommendation they may promptly file a joint notice of no objection.

Recommended in Orlando, Florida on February 10, 2015.

/s/_________

GREGORY J. KELLY

UNITED STATES MAGISTRATE JUDGE
Copies furnished to: Presiding District Judge
Counsel of Record
Unrepresented Party
Courtroom Deputy


Summaries of

Emerson v. Comm'r of Soc. Sec.

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION
Feb 10, 2015
Case No: 6:14-cv-648-Orl-18GJK (M.D. Fla. Feb. 10, 2015)
Case details for

Emerson v. Comm'r of Soc. Sec.

Case Details

Full title:VALERIE EMERSON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

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

Date published: Feb 10, 2015

Citations

Case No: 6:14-cv-648-Orl-18GJK (M.D. Fla. Feb. 10, 2015)