Smith v. Commissioner of Social Security, No. 8:2011cv01795 - Document 23 (M.D. Fla. 2012)
Court Description: ORDER adopting 22 REPORT AND RECOMMENDATION re 1 Complaint filed by Sandra L. Smith. The decision of Defendant is reversed, and this case is remanded. See Order for details. The Clerk of Court shall enter a final judgment in favor or Plaintiff Sandra L. Smith and against Defendant Michael J. Astrue, Commissioner of Social Security Administration, and close this case. Signed by Judge Elizabeth A. Kovachevich on 7/16/2012. (JM)
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Smith v. Commissioner of Social Security Doc. 23 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION SANDRA L. SMITH, Plaintiff, v. CASE NO. 8:11-CV-1795-T-17TBM MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant. ORDER This cause is before the Court on: Dkt. 22 Report and Recommendation Plaintiff Sandra L. Smith seeks review of the denial of her claim for Supplemental Security Income benefits. The assigned Magistrate Judge has entered a Report and Recommendation in which it is recommended that the decision of the Commissioner of the United States Social Security Administration be reversed, because it is not supported by substantial evidence or is not in accordance with the correct legal standards. It is further recommended that this case be remanded for further proceedings consistent with the Report and Recommendation. The Court has independently reviewed the pleadings and the record. No objections to the Report and Recommendation have been filed. After consideration, the Court adopts and incorporates the Report and Recommendation. Accordingly, it is Dockets.Justia.com Case No. 8:11-CV-1795-T-17TBM ORDERED that the Report and Recommendation is adopted and incorporated. The decision of the Commissioner of the United States Social Security Administration is reversed. This case is remanded for further proceedings consistent with the Report and Recommendation: 1) to explicitly consider and explain the weight accorded to the report of William C. Hulley, D.O.; and to 2) revisit the treating physician evidence of Anthony Sankoorikal, M.D., in light of the applicable standard. The Clerk of Court shall enter a final judgment in favor of Plaintiff Sandra L. Smith and against Defendant Michael J. Astrue, Commissioner of Social Security, and close this case. Plaintiff shall file a motion for attorney's fees and costs as directed by the Local Rules of the Middle District of Florida and the Federal Rules of Civil Procedure. DONE and ORDERED in Chambers, in Tampa, Florida on this /^daTDf^oly, 2012. Copies to: All parties and counsel of record
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