CURLEE
v.
COMMISSIONER OF SOCIAL SECURITY
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A federal district court granted the Commissioner of Social Security's unopposed motion to remand a Social Security disability benefits case for further administrative proceedings, with entry of judgment in favor of the plaintiff.
The court granted the Commissioner's unopposed motion for remand with entry of judgment in favor of the plaintiff. On remand, the Appeals Council will direct the ALJ to further evaluate the RFC evidence, obtain new vocational evidence, and issue a new decision.
[1] A court may enter judgment affirming, modifying, or reversing a Social Security Commissioner's decision, with or without remanding the cause for a rehearing.
[2] A court may grant an unopposed motion to remand a Social Security case for further administrative action.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The 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], with or without remanding the cause for a rehearing.”
Establishes the court's authority to remand Social Security cases under 42 U.S.C. § 405(g)
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Join FLexlaw to unlock all legal intelligenceThe case involves a Social Security disability benefits appeal. The Commissioner identified deficiencies in the administrative law judge's evaluation …
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The Commissioner of Social Security (Commissioner) moves to remand this case for further action under sentence four of 42 U.S.C. § 405(g). (Doc. 18). This request is unopposed. (Id., p. 2).
The Commissioner requests remand with entry of judgment for these reasons:
On remand, the Appeals Council will direct the administrative law judge (ALJ) to further evaluate the evidence of record; if necessary, give further consideration to Plaintiffs maximum residual functional capacity (RFC); obtain new vocational evidence regarding the effect of Plaintiffs RFC on the occupational base and further evaluate the step-five finding; and offer Plaintiff the opportunity for a new hearing, take further action to complete the administrative record resolving the above issue, and issue a new decision.
(Id., p. 1). Section 405(g) of the Social Security Act provides “[t]he 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], with or without remanding the cause for a rehearing." See Shalala v. Schaefer, 509 U.S. 292 (1993).
Accordingly, the Commissioner's unopposed motion for entry of judgment with remand (Doc. 18) is GRANTED. The Clerk of Court is DIRECTED to enter judgment in favor of Plaintiff and close the file.
ENTERED in Tampa, Florida, on January 15, 2025.
Amanda Arnold Samsone AMANDA ARNOLD SANSONE United States Magistrate Judge