ROBINSON
v.
COMMISSIONER OF SOCIAL SECURITY
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A Social Security benefits claimant brought suit challenging the Commissioner's denial of benefits. The court issued a Report and Recommendation granting the unopposed motion to remand the case to the Commissioner for further administrative proceedings under 42 U.S.C. § 405(g).
The court granted the unopposed motion to remand the action to the Commissioner for further proceedings under sentence four of 42 U.S.C. § 405(g), with instructions to enter judgment in favor of the plaintiff and close the case.
“a reviewing court 'shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing.'”
Establishes the statutory authority and scope of judicial review available under 42 U.S.C. § 405(g)
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Join FLexlaw to unlock all legal intelligenceThe opinion does not detail the underlying facts of the plaintiff's Social Security claim. The case involves Robinson seeking judicial review of the C…
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A party has fourteen days from the day of service of this report either to file written objections to the proposed findings and recommendation or to seek an extension of the fourteen-day deadline. 28 U.S.C. § 636(b)(1)(C). Under Eleventh Circuit Rule 3-1, a party failing to object to a magistrate judge’s findings or recommendations “waives the right to challenge on appeal the district court’s order based on unobjected-to factual and legal conclusions.” 11th Cir. R. 3-1; 28 U.S.C. § 636(b)(1). If the parties wish to expedite the resolution of this matter, they may promptly file a joint notice of no objection.