Ziegler v. Commissioner of Social Security

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

Ziegler v. Commissioner of Social Security

Plaintiff:	Jennifer K. Ziegler
Defendant:	Commissioner of Social Security
Case Number:	2:2015cv00538
Filed:	September 8, 2015
Court:	US District Court for the Middle District of Florida
Office:	Ft. Myers Office
County:	Lee
Presiding Judge:	Unassigned Judge
Presiding Judge:	Carol Mirando
Nature of Suit:	Disability Insurance
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
March 6, 2017	Filing 30 ORDER adopting in part 26 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Jennifer K. Ziegler. The Report and Recommendation 26 is ADOPTED and ACCEPTED in part and REJECTED in part. The undersigned rejects the Report and Recommendat ion's finding as to the EEG records being new, material, and chronologically relevant. But, the undersigned adopts and accepts the Report and Recommendation in all other respects. The Commissioner of Social Security's decision is REVERSED and this case is REMANDED for rehearing, pursuant to sentence four of 42 U.S.C. § 405(g), for the Commissioner to, among other things, a. consider Dr. Needham's evaluation only (Doc. 18-2 at 26-32); b. re-evaluate Ziegler's credibility in light of the new evidence; and c. make any other determinations consistent with this Opinion and Order, or in the interests of justice. Signed by Judge Sheri Polster Chappell on 3/6/2017. (LMF)

Date Filed

Document Text

March 6, 2017

Filing 30 ORDER adopting in part 26 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Jennifer K. Ziegler. The Report and Recommendation 26 is ADOPTED and ACCEPTED in part and REJECTED in part. The undersigned rejects the Report and Recommendat ion's finding as to the EEG records being new, material, and chronologically relevant. But, the undersigned adopts and accepts the Report and Recommendation in all other respects. The Commissioner of Social Security's decision is REVERSED and this case is REMANDED for rehearing, pursuant to sentence four of 42 U.S.C. § 405(g), for the Commissioner to, among other things, a. consider Dr. Needham's evaluation only (Doc. 18-2 at 26-32); b. re-evaluate Ziegler's credibility in light of the new evidence; and c. make any other determinations consistent with this Opinion and Order, or in the interests of justice. Signed by Judge Sheri Polster Chappell on 3/6/2017. (LMF)

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Plaintiff: Jennifer K. Ziegler
Represented By:	Bill B. Berke
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Defendant: Commissioner of Social Security
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