ARAMBASICH
v.
COMMISSIONER OF SOCIAL SECURITY
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In this Social Security disability benefits case, the district court granted the Commissioner's unopposed motion to reverse and remand for further administrative proceedings, instructing the Appeals Council to have the Administrative Law Judge reconsider medical opinions, residual functional capacity, and obtain vocational expert evidence consistent with applicable regulations.
The court granted the Commissioner's unopposed motion to reverse and remand the case to the Social Security Administration for further administrative proceedings, with specific instructions for the Administrative Law Judge to reconsider medical opinions under 20 C.F.R. § 404.1527, reassess residual functional capacity, obtain vocational expert evidence, afford the plaintiff a hearing opportunity, and issue a new decision.
[1] A court has the authority to reverse and remand a Social Security Administration case for further administrative proceedings.
[2] A court may grant an unopposed motion for entry of judgment with remand in a Social Security case.
Previewing 2 of 5 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“Such a disposition is clearly within the Court's authority. See Shalala v. Schaefer, 509 U.S. 292 (1993).”
Establishes the court's authority to reverse and remand in Social Security cases.
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Join FLexlaw to unlock all legal intelligenceArambasich sought Social Security disability benefits. The case involves a dispute over the evaluation of medical opinions and the determination of th…
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This cause is before the Court on Defendant’s Unopposed Motion for Entry of Judgment with Remand (Doc. No. 16; “Motion”), filed December 23, 2024, that seeks to have this matter reversed and remanded to the Social Security Administration for further administrative proceedings. Motion at 1. Such a disposition is clearly within the Court’s authority. See Shalala v. Schaefer, 509 U.S. 292 (1993). Accordingly, it is ORDERED: 1. Defendant’s Unopposed Motion for Entry of Judgment with Remand (Doc. No. 16) is GRANTED.
1 Carolyn W. Colvin became the Acting Commissioner of Social Security on November 30, 2024. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn W. Colvin is substituted as Defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). 2. The Clerk of Court is directed to enter judgment REVERSING AND REMANDING this case pursuant to sentence four of 42 U.S.C. § 405(g) with the following instructions: On remand, the Appeals Council will instruct the Administrative Law Judge to reconsider the medical opinions in a manner consistent with 20 C.F.R. § 404.1527; to reconsider Plaintiff's residual functional capacity; to obtain vocational expert evidence; to offer Plaintiff the opportunity for a hearing; to take any further action needed to complete the administrative record; and to issue a new decision.
3. The Clerk is further directed to close the file.
DONE AND ORDERED in Jacksonville, Florida on January 3, 2025.
Verge Boo KAS
JAMES R. KLINDT
United States Magistrate Judge
kaw Copies: Counsel of Record