USENZA
v.
COMMISSIONER OF SOCIAL SECURITY

M.D. Fla. | 2022-06-03
No. 2:21-cv-845
District Court, M.D. Florida (2022)

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Holding

The court granted the Commissioner's motion for remand, reversing the decision denying benefits.

Facts & Procedural History

The Commissioner moved for entry of judgment with remand to reevaluate the plaintiff's impairments. The plaintiff consented to remand but requested a …

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

Defendants. /

ORDER1

Before the Court is the Commissioner’s Motion for Entry of Judgment with Remand. (Doc. 18). The Commissioner believes that remand is appropriate to accomplish the following: [F]or further administrative proceedings, including reevaluation of the effect of Plaintiff’s impairments on her occupational base. If warranted, the Commissioner will offer Plaintiff a new hearing.

(Doc. 18). Citing due process concerns, Plaintiff says that she consents to remand only if the remand order directs the Commissioner to conduct a new hearing. (Doc. 19).

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 will be granted. Plaintiff has not otherwise shown that the procedures afforded her on remand will deprive her the opportunity to be heard.

Accordingly, it is now ORDERED: 1. The Commissioner's Motion for Entry of Judgment with Remand (Doc. 18) is GRANTED.

2. The 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. Any application for fees, costs, or expenses must comply with the

Court's Standing Order on Management of Social Security Cases, In re Administrative Orders of the Chief Judge, Case No. 3:21-mc-1-TJC, Doc. 43 (Dec. 7, 2021). 4. The Clerk is DIRECTED to enter judgment, terminate all deadlines,

deny all pending motions as moot, and close the file. DONE and ORDERED in Fort Myers, Florida on June 3, 2022.

,

UNITED STATES DISTRICT JUDGE

Copies: All Parties of Record

Footnotes
1 Disclaimer: Documents hyperlinked to CM/ECF are subject to PACER fees. By using hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide, nor does it have any agreements with them. The Court is also not responsible for a hyperlink’s availability and functionality, and a failed hyperlink does not affect this Order. 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 also Shalala

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