Snook v. Comm'r of Soc. Sec.

Full title: VIOLET ANNAMARIE SNOOK, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY…

Court: United States District Court, Middle District of Florida

Date published: Sep 22, 2021

6:21-cv-519-GKS-GJK (M.D. Fla. Sep. 22, 2021)

Opinion

6:21-cv-519-GKS-GJK

09-22-2021

VIOLET ANNAMARIE SNOOK, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant

G. KENDALL SHARP SENIOR UNITED STATES DISTRICT JUDGE

ORDER

G. KENDALL SHARP SENIOR UNITED STATES DISTRICT JUDGE

THIS CAUSE comes before the Court upon two motions filed by the Defendant, Commissioner of Social Security. On May 26, 2021, Defendant filed an Opposed Motion Pursuant to Fed.R.Civ.P. 12(B)(1) to Dismiss Plaintiffs Complaint In Part and Defendant's Unopposed Motion for an Extension of Time within which to Answer and File the Certified Administrative Record (Doc. 14), to which Plaintiff, Violet Annamarie Snook, filed an Opposition (Doc. 21), and an Opposed Request for Oral Argument (Doc. 22). Thereafter, on August 11, 2021, Defendant filed an Unopposed Motion for Entry of Judgment with Remand (Doc. 28) (Motion to Remand). The Court referred the Motions to the United States Magistrate Judge for a report and recommendation (Report and Recommendation).

On September 1, 2021, the United States Magistrate Judge issued a Report and Recommendation (Doc. 29) recommending inter alia that Defendant's Motion to Remand (Doc. 28) be granted, and the Commissioner's decision be reversed and remanded.

After review and consideration of the Report and Recommendation (Doc. 29), and noting that neither party objects to the Report and Recommendation, it is hereby ORDERED and ADJUDGED as follows:

1. United States Magistrate Judge Gregory J. Kelly's Report and Recommendation (Doc. 29) 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. 28) is GRANTED.

3. The final decision of the Commissioner is REVERSED and REMANDED to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g).

4. Defendant's Opposed Motion to Dismiss, (Doc. 14), and Plaintiffs Opposed Request for Oral Argument (Doc. 22) are DENIED AS MOOT.

5. The Clerk of Court is DIRECTED to enter Judgment in favor of Plaintiff, Violet Annamarie Snook, and against Defendant, Commissioner of Social Security, and CLOSE THE CASE.

DONE AND ORDERED.