Opinion
No. 5:18-cv-00257-MTT-CHW
10-16-2018
IESHIA JOSEY, o/b/o A.D.M.H., a minor, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Social Security Appeal
REPORT AND RECOMMENDATION
The Acting Commissioner of Social Security has filed a motion to remand this action for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). (Doc. 14). Counsel for the Commissioner has informed the Court that Plaintiff consents to the motion. (Doc. 14, p. 1). On remand, an administrative law judge will (1) reconsider A.D.M.H.'s claim without consideration of exhibit 19E, and (2) further evaluate whether A.D.M.H. has an impairment or combination of impairments that meets or equals the severity of a listed impairment. (Doc. 14-1, p. 1). The Commissioner's motion appears proper, and accordingly, it is RECOMMENDED that the Commissioner's motion be GRANTED.
Pursuant to 28 U.S.C. § 636(b)(1), the parties may serve and file written objections to this Recommendation, or seek an extension of time to file objections, WITHIN FOURTEEN (14) DAYS after being served with a copy thereof. The District Judge will make a de novo determination of those portions of the Recommendation to which objection is made. All other portions of the Recommendation may be reviewed for clear error.
The parties are further notified that, pursuant to Eleventh Circuit Rule 3-1, "[a] party failing to object to a magistrate judge's findings or recommendations contained in a report and recommendation in accordance with the provisions of 28 U.S.C. § 636(b)(1) waives the right to challenge on appeal the district court's order based on unobjected-to factual and legal conclusions if the party was informed of the time period for objecting and the consequences on appeal for failing to object. In the absence of a proper objection, however, the court may review on appeal for plain error if necessary in the interests of justice."
SO RECOMMENDED, this 16th day of October, 2018.
s/ Charles H. Weigle
Charles H. Weigle
United States Magistrate Judge