Jones v. Commissioner of Social Security, No. 8:2009cv01945 - Document 18 (M.D. Fla. 2010)
Court Description: ORDER adopting and incorporating 17 REPORT AND RECOMMENDATION re 1 Complaint filed by Richard Jones, III, reversing decision of Commissioner of Social Security, and remanding for further proceedings. The Clerk of Court shall enter a final judgment in favor of Plaintiff Richard Jones, III and against Defendant Michael J. Astrue, Commissioner of Social Security, and close this case. Signed by Judge Elizabeth A. Kovachevich on 10/18/2010. (JM)
Download PDF
<![CDATA[
Jones v. Commissioner of Social Security Doc. 18 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION RICHARD JONES, III, Plaintiff, CASE NO. v. 8:09-CV-1945-T-17TGW MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. / ORDER This cause Dkt. 17 is before the Court on: Report and Recommendation In the Complaint, Plaintiff Richard Jones, III seeks judicial review of the denial of Plaintiff's claims for Social Security disability benefits and supplemental security income payments. The assigned Magistrate Judge has entered a Report and Recommendation in which reversed and this matter it is recommended that the decision be remanded for further consideration. In the Report and Recommendation, the assigned Magistrate Judge concluded that the Administrative Law Judge discounted the opinions of Plaintiff's treating physicians without good cause. On remand, the Commissioner must give substantial weight to the opinions of at least one of the treating physicians as to Plaintiff's functional limitations; however, the Commissioner is not precluded from giving greater weight to the opinion of an examining physician who conducts a new consultative examination, or to a medical expert who testifies at a hearing, if that is warranted and reasonably explained. Dockets.Justia.com Case No. 8:09-CV-1945-T-17TGW The assigned Magistrate Judge sustained the Commissioner's position as to the side effects of medication, and found that any ruling on Plaintiff's credibility or the use of a vocational expert was pretermitted as both issues could change in the new decision on remand. The Court has independently reviewed the pleadings and the administrative record. No objections to the Report and Recommendation have been filed. After consideration, adopts the Report and Recommendation, the Court and incorporates it herein. Because the decision of the Commissioner is not supported by substantial evidence, the Court reverses the decision, remands this case for further proceedings. Accordingly, ORDERED that the Report and Recommendation adopted and incorporated by reference. and (Dkt. 17) it is is The decision of the Commissioner of Social Security denying Social Security disability benefits and supplemental security income is reversed and this case is remanded for further consideration. The Clerk of Court shall enter a final judgment in favor of Plaintiff Richard Jones, III, and against Michael J. Astrue, of Social Security, and close this case. Commissioner Case No. 8:09-CV-1945-T-17TGW DONE AND ORDERED in Chambers, 18th day of October, 2010. Copies to: All parties and counsel of record in Tampa, ^ Florida on this
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
