WEAVER
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 remand the case for further administrative proceedings, finding that remand was appropriate under 42 U.S.C. § 405(g) to allow the ALJ to develop a more complete record.
The court held that remand was appropriate and granted the Commissioner's unopposed motion. The case was reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g) to allow the Commissioner to take further action necessary to complete the administrative record and issue a new decision.
[1] A court may reverse a Commissioner's decision regarding social security benefits with or without remanding the cause for a rehearing.
[2] The failure of an Administrative Law Judge to develop the record constitutes sufficient grounds for remand in a social security benefits case.
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Join FLexlaw to unlock all legal intelligence“Pursuant to Title 42, United States Code, Section 405(g) the Court is empowered to reverse the decision of the Commissioner with or without remanding the cause for a rehearing.”
Establishes the court's statutory authority to remand Social Security cases for further administrative proceedings.
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Join FLexlaw to unlock all legal intelligencePlaintiff Weaver appealed a Social Security disability determination by the Commissioner. The case proceeded as a consent matter with both parties agr…
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This consent case is before the undersigned on Defendant's unopposed motion for entry of judgment with remand in which Defendant requests that the Court remand this case so that the Commissioner can take further administrative action. (Doc. 20). Defendant states that Plaintiff has no objection to the Motion to Remand.
Pursuant to Title 42, United States Code, Section 405(g) the Court is empowered to reverse the decision of the Commissioner with or without remanding the cause for a rehearing. Shalala v. Schaefer, 113 S. Ct. 2625 (1993). The failure of the ALJ to develop the record constitutes sufficient grounds for remand. Brissette v. Heckler, 730 F. 2d 548 (8th Cir. 1984), appeal after remand 613 F. Supp. 722 (E.D. Mo. 1985), judgment aff’d in part, rev’d in part, 784 F. 2d 864 (8th Cir. 1986). On remand under sentence four, the ALJ should review the case on a complete record, including any new material evidence. Diorio v. Heckler, 721 F. 2d 726, 729 (11th Cir. 1983) (finding that it was necessary for the ALJ on remand to consider psychiatric report tendered to Appeals Council); Reeves v. Heckler, 734 F. 2d 519, 522
n. 1 (11th Cir. 1984) (holding that the ALJ should consider on remand the need for an orthopedic evaluation).
Therefore, the undersigned agrees with the parties that it is appropriate to remand this matter to the Commissioner. Accordingly, it is respectfully ORDERED that:
(1) Defendant's unopposed motion for entry of judgment with remand (Doc. 20) is
GRANTED.
(2) This action is REVERSED AND REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) to the Commissioner to take any further action necessary to complete the administrative record and issue a new decision.
(3) The Clerk is directed to enter judgment accordingly and close the file.
DONE and ORDERED in Ocala, Florida on May 13, 2024.
PHILIP R. LAMMENS
United States Magistrate Judge
Copies furnished to: Counsel of Record Unrepresented Parties
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Shalala v. Schaefer, 509 U.S. 292 (U.S. 1993)
- Dirven D. Reeves v. Heckler, 734 F.2d 519 (11th Cir. 1984)
- Diorio v. Heckler, 721 F.2d 726 (11th Cir. 1983)
- Brissette v. Heckler, 730 F.2d 548 (8th Cir. 1984)
- Brissette v. Heckler, 784 F.2d 864 (8th Cir. 1986)