LASHLEY

v.

COMMISSIONER OF SOCIAL SECURITY

M.D. Fla. | 2022-11-17

No. 8:22-cv-1187

District Court, M.D. Florida (2022)

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Holding

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

Facts & Procedural History

Plaintiff sued the Acting Commissioner of Social Security. The defendant filed an unopposed motion for judgment with remand for further administrative…

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 Claim For Disability Benefits Under The Social Security Act Social Security Act § 205(G) Disability Benefits Claim

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Opinion of the Court

KILOLO KIJAKAZI, Acting Commissioner of Social Security,

Defendant. /

ORDER1

This cause is before the Court on Defendant’s Unopposed Motion for Entry of Judgment with Remand (Doc. No. 18; “Motion”), filed November 15, 2022, that seeks to have this matter reversed and remanded to the Social Security Administration for further administrative proceedings. Motion at 1-2. Plaintiff has no objection to the Motion, see id. at 1, and 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. 18) is GRANTED.

3. The Clerk is further directed to close the file.

4, In the event benefits are awarded on remand, Plaintiffs counsel shall ensure that any § 406(b) fee application be filed within the parameters set forth by the Standing Order on Management of Social Security Cases entered

on December 7, 2021 in Case No. 3:21-mc-001-TJC (Doc. No. 43, 94 6, 8). DONE AND ORDERED in Jacksonville, Florida on November 17, 2022.

Trewin Boo K Reel

JAMES R. KLINDT

United States Magistrate Judge

kaw Copies: Counsel of Record

Footnotes

1 The parties consented to the exercise of jurisdiction by a United States Magistrate Judge. See Notice, Consent, and Reference of a Civil Action to a Magistrate Judge (Doc. No. 11), filed August 22, 2022; Reference Order (Doc. No. 14), entered August 22, 2022. 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 Administrative Law Judge will give further consideration to the opinion evidence from physician Jonas Santos, M.D.;_ give further consideration to Plaintiffs maximum residual functional capacity; and obtain supplemental evidence from a_ vocational expert. In doing. so, the Administrative Law Judge will offer Plaintiff an opportunity for a hearing; take further action to complete the administrative record; and issue a new decision.

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Citator

Authorities Cited

Shalala v. Schaefer, 509 U.S. 292 (U.S. 1993)

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