HEISLER
v.
COMMISSIONER OF SOCIAL SECURITY
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The court granted the Commissioner's unopposed motion, reversing the decision and remanding the case for further proceedings.
The Commissioner of Social Security filed an unopposed motion for entry of judgment with remand, believing remand was appropriate. Plaintiff did not o…
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ORDER1
Before the Court is the Commissioner’s Unopposed Motion for Entry of Judgment with Remand. (Doc. 23). The Commissioner believes that remand is appropriate to accomplish the following: The Appeals Council will remand the case for a new hearing before a different administrative law judge (ALJ) and will instruct the ALJ to: (1) further consider Plaintiff’s maximum residual functional capacity; (2) if warranted, obtain additional vocational expert evidence; (3) take any further action needed to complete the administrative record; and (4) issue a new hearing decision.
(Doc. 23 at 1). Plaintiff does not oppose the Motion.
v. Schaefer, 509 U.S. 292, 296-98 (1993); Melkonyan v. Sullivan, 501 U.S. 89, 101-02 (1991); 42 U.S.C. § 1383(c)(3) (prescribing the procedure set out in § 405(g)). 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. 23) 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) and
1383(c)(3) for further proceedings. 3. If Plaintiff prevails on remand, Plaintiff must comply with the Court’s November 14, 2012, standing Order in Miscellaneous Case No. 6:12- mc-124-Orl-22.
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 December1, 2021.
ites POLSTER atta
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)