STRATTON
v.
COMMISSIONER OF SOCIAL SECURITY
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The court granted the Commissioner's unopposed motion for entry of judgment with remand.
The Commissioner moved for entry of judgment with remand, seeking to obtain supplemental vocational evidence and make further factual findings. The pl…
The full statement of facts, procedural history, and disposition for this case are member content.
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Defendant. /
ORDER1
Before the Court is the Commissioner’s Unopposed Motion for Entry of Judgment with Remand. (Doc. 25). A remand is proper based on the following: The Commissioner believes remand is appropriate to have the agency: obtain supplemental vocational evidence, resolving inconsistencies between the job numbers outlined in the Dictionary of Occupational Titles (DOT) and the Selected Characteristics of Occupations Defined in the Revised Dictionary of Occupational Titles (SCO) for the jobs cited. Further, the Administrative Law Judge should make factual findings on whether the job numbers provided constitute significant numbers in the national economy. The Administrative Law Judge should also consider any additional issues, update the administrative record as necessary, offer the claimant
(Doc. 25 at 1). Plaintiff does not oppose the Motion. 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 v. Schaefer, 509 U.S. 292, 296-98 (1993); Melkonyan v. Sullivan, 501 U.S. 89, 101-02 (1991). Given the parties’ representations and agreement on the matter, the Court grants the Motion, reverses, and remands for further proceedings. See Morgan v. Astrue, No. 2:11-cv-615-FtM-29SPC, 2012 WL
695840, at *1 (M.D. Fla. Mar.1, 2012). Accordingly, it is now ORDERED: 1. The Commissioner’s Unopposed Motion for Entry of Judgment with
Remand (Doc. 25) is GRANTED. 2. The decision denying benefits is REVERSED and this case is REMANDED under 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 any pending motions as moot, and close the case. DONE and ORDERED in Fort Myers, Florida on April 28, 2022.
,
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Shalala v. Schaefer, 509 U.S. 292 (U.S. 1993)
- Melkonyan v. Sullivan, 501 U.S. 89 (U.S. 1991)