Jenkins et al v. Commissioner of Social Security, No. 8:2009cv01859 - Document 14 (M.D. Fla. 2010)
Court Description: ORDER adopting 13 REPORT AND RECOMMENDATION re 1 Complaint filed by Judith Ann Jenkins; the decision of the Administrative Law Juge is reversed and this case is remanded for further proceedings. The Clerk of Court shall enter a final judgment in favor of Plaintiff Judith Jenkins, and close this case. Signed by Judge Elizabeth A. Kovachevich on 8/30/2010. (JM)
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Jenkins et al v. Commissioner of Social Security Doc. 14 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION JUDITH JENKINS, Plaintiff, v. CASE NO. 8:09-CV-1859-T-17AEP MICHAEL ASTRUE, Commissioner of Social Security, Defendant. ORDER This cause Dkt. 13 is before the Court on: Report and Recommendation Plaintiff Judith Jenkins seeks review of the decision of the Administrative Law Judge denying Plaintiff's claim for a period of disability and disability insurance benefits. The assigned Magistrate Judge has entered a Report and Recommendation in which it is recommended that the decision of the Administrative Law Judge be reversed and this case be remanded for further proceedings. The assigned Magistrate Judge recommends that this case be remanded to the Administrative Law Judge to state the weight accorded to the opinion of Dr. Javeed, a treating physician. If the ALJ does not give considerable or substantial weight to Dr. Javeed's opinion, so. the ALJ shall specify good cause for not doing As to the ALJ's Residual Functional Capacity assessment, if the RFC assessment conflicts with an opinion from Plaintiff's Dockets.Justia.com Case No. 8:09-CV-1859-T-17AEP treating physician, the ALJ shall explain the reason why the medical opinion was not adopted. after reconsidering all Plaintiff's RFC, apply. As to application of the Grids, medical evidence and assessing the ALJ shall redetermine whether the Grids As to application of the pain standard, after reconsidering all medical evidence, the ALJ shall reevaluate Plaintiff's credibility. If the ALJ discounts Plaintiff's testimony regarding her subjective complaints, the ALJ shall explain his reasons for doing so. The Court has independently reviewed the pleadings, including the Administrative Record. and Recommendation have been filed. No objections to the Report After consideration, the Court adopts the Report and Recommendation and incorporates it by reference. Accordingly, it is ORDERED that the Report and Recommendation is adopted and incorporated by reference. The decision of the Administrative Law Judge is reversed and this case is remanded for further proceedings- as set forth above. The Clerk of Court shall enter a final judgment in favor of Plaintiff Judith Jenkins and against Defendant Michael Astrue, Commissioner of Social Security, and close this case. No. 8:09-CV-l859-T-l7AEP Case DONE and ORDERED 30th day of August, 20 in Chambers, in Tampa, • parties and counsel c£ record Florida on this
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