Shird et al v. The Commissioner of Social Security

Justia Dockets & Filings Eleventh Circuit Florida Middle District Shird et al v. The Commissioner of Social Security

Shird et al v. The Commissioner of Social Security

Plaintiff:	Peter L. Shird
Defendant:	The Commissioner of Social Security
Case Number:	2:2008cv00472
Filed:	June 10, 2008
Court:	US District Court for the Middle District of Florida
Office:	Social Security: RSI Tax Suits Office
County:	Lee
Presiding Judge:	Sheri Polster Chappell
Presiding Judge:	John E. Steele
Nature of Suit:	None
Cause of Action:	U.S. Government Defendant
Jury Demanded By:	42:405 Review of HHS Decision (DIWC)

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Date Filed	Document Text
June 10, 2009	Filing 23 OPINION AND ORDER accepting and adopting 20 Report and Recommendations. The Decision of the Commissioner of Social Security is remanded to the Commissioner pursuant to sentence four so the Commissioner can re-open/continue the hearing; allow plain tiff the opportunity to cross examine Dr. Rabinowitz; allow plaintiff to continue his presentation of testimony and evidence; re-consider plaintiff's residual functional capacity and the use of the Grids, if necessary; and take such further steps as are necessary to properly resolve the claim. The Clerk shall enter judgment accordingly and close the file. Signed by Judge John E. Steele on 6/10/2009. (RKM)
May 26, 2009	Filing 20 REPORT AND RECOMMENDATION re 1 the Complaint filed by Peter L. Shird. It is respectfully recommended that the The Final Decision of the Commissioner of Social Security Denying the Plaintiff, Peter L. Shirds Claim for Disability Insurance from the Onset Date of September 14, 2004, should be REMANDED pursuant to 42 U.S.C. § 405 (g)(Sentence Four) for further consideration of the following issue:The hearing should be reopened and the Plaintiff should have the opportunity to cross examine the examining consulting physician Dr. Rabinowitz. Signed by Magistrate Judge Sheri Polster Chappell on 5/26/2009. (LMH)

Date Filed

Document Text

June 10, 2009

Filing 23 OPINION AND ORDER accepting and adopting 20 Report and Recommendations. The Decision of the Commissioner of Social Security is remanded to the Commissioner pursuant to sentence four so the Commissioner can re-open/continue the hearing; allow plain tiff the opportunity to cross examine Dr. Rabinowitz; allow plaintiff to continue his presentation of testimony and evidence; re-consider plaintiff's residual functional capacity and the use of the Grids, if necessary; and take such further steps as are necessary to properly resolve the claim. The Clerk shall enter judgment accordingly and close the file. Signed by Judge John E. Steele on 6/10/2009. (RKM)

May 26, 2009

Filing 20 REPORT AND RECOMMENDATION re 1 the Complaint filed by Peter L. Shird. It is respectfully recommended that the The Final Decision of the Commissioner of Social Security Denying the Plaintiff, Peter L. Shirds Claim for Disability Insurance from the Onset Date of September 14, 2004, should be REMANDED pursuant to 42 U.S.C. § 405 (g)(Sentence Four) for further consideration of the following issue:The hearing should be reopened and the Plaintiff should have the opportunity to cross examine the examining consulting physician Dr. Rabinowitz. Signed by Magistrate Judge Sheri Polster Chappell on 5/26/2009. (LMH)

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Plaintiff: Peter L. Shird
Represented By:	Jonas H. Kushner
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Defendant: The Commissioner of Social Security
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