GUIDRY
v.
COMMISSIONER OF SOCIAL SECURITY
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The court granted the Commissioner's unopposed motion, reversing the decision denying benefits and remanding for further proceedings.
The Commissioner filed an unopposed motion for entry of judgment with remand, believing the Administrative Law Judge should obtain supplemental eviden…
The full statement of facts, procedural history, and disposition for this case are member content.
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Defendant. /
OPINION AND ORDER1
Before the Court is the Commissioner’s Unopposed Motion for Entry of Judgment with Remand. (Doc. 32). The Commissioner believes that remand is appropriate for the following: [T]he Administrative Law Judge (ALJ) should:1) obtain supplemental evidence from a vocational expert and resolve any inconsistencies between the vocational evidence and the Dictionary of Occupational Titles, pursuant to Social Security Rule 00-4p; (2) offer Plaintiff the opportunity for a hearing; (3) take any other action necessary to complete the administrative record; and (4) issue a new decision.
(Doc. 32 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). 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. 32) 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) 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 October 25, 2021.
,
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
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Citator
Authorities Cited
- Shalala v. Schaefer, 509 U.S. 292 (U.S. 1993)
- Melkonyan v. Sullivan, 501 U.S. 89 (U.S. 1991)