White v. Commissioner of Social Security, No. 8:2013cv02891 - Document 22 (M.D. Fla. 2014)
Court Description: ORDER adopting 21 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Lester Lee White. The decision of Defendant denying disability benefits and Supplemental Security Income is reversed, and this case is remanded for further proceedings. S ee Order for details. The Clerk of Court shall enter a final judgment in favor of Plaintiff Lester Lee White and against Defendant Carolyn W. Colvin, Acting Commissioner of Social Security Administration, and shall state that in the event Plaintiff White prevails in this case upon remand, any motion for attorney's fees must be filed no later than thirty days after the date of the Social Security letter sent to Plaintiff's counsel at the conclusion of the Agency's past due benefit calculation stating the amount withheld for attorney fees. Upon entry of the final judgment, the Clerk of Court shall close this case. Signed by Judge Elizabeth A. Kovachevich on 12/11/2014. (Attachments: # 1 Exhibit Standing Order)(JM)
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White v. Commissioner of Social Security Doc. 22 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION LESTER LEE WHITE, Plaintiff, v. CASE NO. 8:13-CV-2891 -T-17EAJ CAROLYN W. COLVIN, Acting Commissioner of Social Security Administration, Defendant. / ORDER This cause is before the Court on: Dkt. 21 Report and Recommendation In his Complaint, Plaintiff Lester Lee White requested judicial review of the denial of Plaintiff’s applications for Social Security disability benefits and Supplemental Security Income. The assigned Magistrate Judge has entered a Report and Recommendation in which it is recommended that the Commissioner’s decision be reversed and this case be remanded for further administrative proceedings. The assigned Magistrate Judge found that the Administrative Law Judge (“ALJ”) did not properly weigh the medical opinions of Plaintiffs treating physician, Patricia Mossop, M.D., and Sylvia Moore, PA-C, and that a remand is necessary for further evaluation. The ALJ did not articulate good cause for rejecting the opinion of Dr. Mossop, and the ALJ should consider the opinion of Sylvia Moore, PA-C, in light of the entire record. As to the ALJ’s determination of Plaintiff’s RFC, the assigned Magistrate Judge found it was unclear how the weight of opinion evidence supports Plaintiffs RFC, and on remand the ALJ shall specifically explain how Plaintiffs RFC is supported by the Dockets.Justia.com Case No. 8:13-CV-2891-T-17EAJ medical evidence of record, including the medical opinion evidence. The assigned Magistrate Judge further recommended that, on remand, each party shall be afforded the opportunity to introduce additional evidence. No objections to the Report and Recommendation have been filed. The Court has independently examined the pleadings and the record. After consideration, the Court adopts and incorporates the Report and Recommendation. Accordingly, it is ORDERED that the Report and Recommendation is adopted and incorporated. The decision of the Commissioner denying Plaintiffs claim for Disability Insurance Benefits and Supplemental Security Income is reversed, and this case is remanded for further proceedings. On remand, the ALJ shall further evaluate the opinions of Dr. Mossop, if appropriate shall articulate good cause to discount the opinion of Dr. Mossop, and shall consider the opinions of Physician Assistant Moore in light of the entire record. The ALJ shall specifically explain how Plaintiffs RFC is supported by the medical evidence of record, including the medical opinion evidence. On remand, each party shall be afforded the opportunity to introduce additional evidence. The Clerk of Court shall enter a final judgment in favor of Plaintiff Lester Lee White and against Defendant Commissioner of Social Security. The final judgment shall state that if Plaintiff Lester Lee White ultimately prevails in this case upon remand to the Social Security Administration, any motion for attorney’s fees under 42 U.S.C. Sec. 406(b) must be filed no later than thirty days after the date of the Social Security letter sent to the Plaintiffs counsel of record at the conclusion of the Agency’s past due benefit calculation stating the amount withheld for attorney fees. See In re Procedures for Applying for Attorney Fees Under 42 U.S.C. Sec. 406(b) and 1383(d)(2)(Exhibit 1). 2 Case No. 8:13-CV-2891-T-17EAJ DONE and ORDERED in Chambers, in Tampa, Florida on this // aav of December, 2014. 3
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