Neggie v. Commissioner of Social Security

Justia Dockets & Filings Eleventh Circuit Florida Middle District Neggie v. Commissioner of Social Security

Neggie v. Commissioner of Social Security

Plaintiff:	Helene Rose Neggie
Defendant:	Commissioner of Social Security
Case Number:	8:2013cv01089
Filed:	April 22, 2013
Court:	US District Court for the Middle District of Florida
Office:	Tampa Office
County:	Pasco
Presiding Judge:	Steven D. Merryday
Presiding Judge:	Thomas G. Wilson
Nature of Suit:	Social Security: SSID Title XVI
Cause of Action:	42 U.S.C. § 405 Review of HHS Decision (SSID)
Jury Demanded By:	None

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Date Filed	Document Text
July 23, 2014	Filing 25 ORDER adopting 23 Report and Recommendation of the Magistrate Judge. (1)The Report and Recommendation of the Magistrate Judge (Doc. 23) is ADOPTED, CONFIRMED, and APPROVED in all respects and is made a part of this Order for all purposes, includi ng appellate review. (2),The Plaintiff's appeal of the Commissioner of the Social Security Administration's final decision denying her claim for supplemental security income is GRANTED. (3) The final decision of the Commissioner is REVERS ED. This case is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. The Commissioner is directed to (a) reevaluate Plaintiff's testimony regarding the effects of her impairments and consid er Plaintiff's inability to afford certain treatment and (b) reevaluate the medical opinions of record, specifically the opinions of Dr. Hart and Dr. Akagbosu. (4) If benefits are awarded on remand and Plaintiff's counsel deems it appropr iate to move for § 406(b) fees, such an application should be filed within the parameters set forth by the Order entered in Case No. 6:12-mc-124-Orl-22 (In Re: Procedures for Applying for Attorney's Fees Under 42 U.S.C. §§ 406(b) and 1383(d)(2)). (5) The Clerk is directed to terminate any pending motions, enter a judgment in favor of Plaintiff, and close this case. Signed by Judge Charlene Edwards Honeywell on 7/23/2014. (BGS)

Date Filed

Document Text

July 23, 2014

Filing 25 ORDER adopting 23 Report and Recommendation of the Magistrate Judge. (1)The Report and Recommendation of the Magistrate Judge (Doc. 23) is ADOPTED, CONFIRMED, and APPROVED in all respects and is made a part of this Order for all purposes, includi ng appellate review. (2),The Plaintiff's appeal of the Commissioner of the Social Security Administration's final decision denying her claim for supplemental security income is GRANTED. (3) The final decision of the Commissioner is REVERS ED. This case is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. The Commissioner is directed to (a) reevaluate Plaintiff's testimony regarding the effects of her impairments and consid er Plaintiff's inability to afford certain treatment and (b) reevaluate the medical opinions of record, specifically the opinions of Dr. Hart and Dr. Akagbosu. (4) If benefits are awarded on remand and Plaintiff's counsel deems it appropr iate to move for § 406(b) fees, such an application should be filed within the parameters set forth by the Order entered in Case No. 6:12-mc-124-Orl-22 (In Re: Procedures for Applying for Attorney's Fees Under 42 U.S.C. §§ 406(b) and 1383(d)(2)). (5) The Clerk is directed to terminate any pending motions, enter a judgment in favor of Plaintiff, and close this case. Signed by Judge Charlene Edwards Honeywell on 7/23/2014. (BGS)

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Plaintiff: Helene Rose Neggie
Represented By:	Matthew W. Dietz
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Defendant: Commissioner of Social Security
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