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BARNEY VANBUREN MARKHAM, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

KARLA R. SPAULDING UNITED STATES MAGISTRATE JUDGE

REPORT AND RECOMMENDATION TO THE UNITED STATES DISTRICT COURT:

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

MOTION: UNOPPOSED MOTION FOR ENTRY OF JUDGMENT WITH REMAND (Doc. No. 18)
FILED: October 31
, 2016


The Commissioner of the Social Security Administration requests that this case be reversed and remanded for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). The Commissioner believes that remand would be appropriate for further administrative proceedings. Specifically, the Appeals Council will do the following:

[I]nstruct the Administrative Law Judge to: hold a new hearing; attempt to locate the missing evidence, including Plaintiff's medical evidence and earnings records, and include the evidence in the record; re-evaluate Plaintiff's residual functional capacity on the updated record, citing specific evidence in support of the assessed limitations; further evaluate the medical source opinions by stating the weight assigned to them and explaining the reasons for the weight given; if necessary, obtain supplemental testimony from a vocational expert to clarify the effect of the assessed limitations on Plaintiff's occupational base; and consolidate the claims files and issue a new decision on the consolidated claims.

Doc. No. 18 at 1. Plaintiff does not oppose the request for remand. Id.

Accordingly, it is respectfully RECOMMENDED that the final decision of the Commissioner be REVERSED pursuant to sentence four of 42 U.S.C. § 405(g) and that the case be REMANDED for further proceedings consistent with the Commissioner's undertaking in the motion. It is further RECOMMENDED that the Court DIRECT the Clerk of Court to issue a judgment consistent with the Order on this Report and Recommendation and to, thereafter, close the file.

NOTICE TO PARTIES

A party has fourteen days from this date to file written objections to the Report and Recommendation's factual findings and legal conclusions. A party's failure to file written objections waives that party's right to challenge on appeal any unobjected-to factual finding or legal conclusion the district judge adopts from the Report and Recommendation. See 11th Cir. R. 3-1.

Recommended in Orlando, Florida on November 1, 2016.

/s/_________


KARLA R. SPAULDING


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



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Markham v. Colvin
(Nov 1, 2016)