BAUTISTA
v.
COMMISSIONER OF SOCIAL SECURITY

M.D. Fla. | 2024-03-04
No. 2:23-cv-857
District Court, M.D. Florida (2024)

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Holding

The court granted the Commissioner's unopposed motion for entry of judgment with remand.

Facts & Procedural History

The Commissioner of Social Security filed an unopposed motion requesting remand of the plaintiff's social security benefits case for further administr…

The full statement of facts, procedural history, and disposition for this case are member content.

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Topics
Remand For Further Administrative Proceedings Social Security Act § 205(G) Remand Administrative Proceedings

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Opinion of the Court

Before the Court is the Commissioner’s Unopposed Motion for Entry of Judgment With Remand.1 (Doc. 15.) The Commissioner believes that remand is appropriate to conduct further administrative proceedings, offer the claimant the opportunity for a hearing, and issue a new decision. (Id. at 1.) Plaintiff consents to the relief requested. Under 42 U.S.C. § 405(g), the Court has the power to enter judgment, reversing and remanding a social security case for rehearing. See Shalala v. Schaefer, 509 U.S. 292, 296-98 (1993); Melkonyan v. Sullivan, 501 U.S. 89, 101- 02 (1991). The Commissioner’s request for remand is appropriate, and given Plaintiff’s consent, it will be granted. Accordingly, it is now ORDERED:

PF pO te be L. Lael * Kale C. Dudek United States Magistrate Judge

Copies: All Parties of Record

Footnotes
1 The parties consented to a magistrate judge’s consideration of this motion. (Docs. 17, 18.) 1. The Commissioner’s Unopposed Motion for Entry of Judgment With Remand (Doc. 15) is GRANTED. 2. The Commissioner’s decision denying benefits is REVERSED and this case is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. 3. The Clerk is DIRECTED to enter judgment, terminate all deadlines, deny all pending motions as moot, and close the file. ENTERED in Fort Myers, Florida on March 4, 2024.

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