KRAMER
v.
COMMISSIONER OF SOCIAL SECURITY
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
In this Social Security Administration appeal, the district court granted a joint motion to remand the Commissioner's decision for further administrative proceedings, specifically to obtain supplemental vocational evidence and issue a new determination.
The court granted the joint motion and remanded the Commissioner's decision to the SSA under sentence four of 42 U.S.C. § 405(g) for the Commissioner to obtain supplemental vocational evidence, complete the administrative record, and issue a new decision.
[1] A court may grant a joint motion to remand a Social Security case pursuant to sentence four of 42 U.S.C. …
[2] Upon remand of a Social Security case under sentence four, the Commissioner must obtain supplemental vocational evidence, complete the administrative record, and issue a…
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“The decision of the Commissioner is REVERSED and REMANDED under sentence four of 42 U.S.C. § 405(g) for further administrative proceedings”
States the core holding that the Commissioner's decision is reversed and remanded for supplemental proceedings
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceKramer appealed a Social Security Administration decision. The parties jointly moved for remand to allow the Commissioner to obtain supplemental vocat…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Social Security Act Claim cases and more on FLexlaw
THIS CAUSE is before the parties’ Joint Motion for Remand. (Doc. 20.) Therein, the parties move this Court to remand the case pursuant to sentence four of 42 U.S.C. § 405(g). (Id. at 1.) Upon consideration, it is ORDERED: 1. The Motion (Doc. 20) is GRANTED.
2. The decision of the Commissioner is REVERSED and
REMANDED under sentence four of 42 U.S.C. § 405(g) for further administrative proceedings as follows: On remand, the Commissioner will: (1) obtain supplemental vocational evidence; (2) take any action necessary to complete the administrative record; and (3) issue a new decision.
3. The Clerk of Court is DIRECTED to enter judgment consistent with this Order and with the decision in Shalala v. Schaefer, 509 U.S. 292, 296-302 (1993), and pursuant to Rule 58 of the Federal Rules of Civil Procedure. The judgment should state that if Plaintiff were to ultimately prevail in this case upon remand to the Social Security Administration, any motion for attorney’s fees under 42 U.S.C. § 406(b) and/or 42 U.S.C. § 1383(d)(2) must be filed within fourteen (14) days from Plaintiffs counsel’s receipt of any “close-out” letter. The motion must include the agency letter stating the amount of past-due benefits withheld, include any applicable contingency fee agreement, and establish the fee is reasonable for the services rendered. This Order does not extend the time limits for filing a motion for attorney’s fees under the Equal Access to Justice Act, 28 U.S.C. § 2412. 4, The Clerk of Court is further DIRECTED to close the file. DONE AND ORDERED at Jacksonville, Florida, on September 23, 2024.
MONTE C. RICHARDSON
UNITED STATES MAGISTRATE JUDGE
Copies to: Counsel of Record