HUGAR
v.
COMMISSIONER OF SOCIAL SECURITY
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The court granted the Commissioner's unopposed motion to remand the case for further administrative action.
The Commissioner of Social Security filed an unopposed motion requesting the court to remand the case for further administrative action. The plaintiff…
The full statement of facts, procedural history, and disposition for this case are member content.
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This matter is before the undersigned on the Commissioner’s Unopposed Motion for Entry of Judgment with Remand in which Defendant requests the Court to remand this case so that the Commissioner can take further administrative action. (Doc. 22).
Pursuant to Title 42, United States Code, Section 405(g) the Court is empowered to reverse the decision of the Commissioner with or without remanding the cause for a rehearing. Shalala v. Schaefer, 113 S. Ct. 2625 (1993).
The failure of the ALJ to develop the record constitutes sufficient grounds for remand. Brissette v. Heckler, 730 F. 2d 548 (8th Cir. 1984), appeal after remand 613 F. Supp. 722 (E.D. Mo. 1985), judgment aff’d in part, rev’d in part, 784 F. 2d 864 (8th Cir. 1986).
On remand under sentence four, the ALJ should review the case on a complete record, including any new material evidence. Diorio v. Heckler, 721 F. 2d 726, 729 (11th Cir. 1983) (finding that it was necessary for the ALJ on remand to consider psychiatric report tendered to Appeals Council); Reeves v. Heckler, 734 F. 2d 519, 522 n. 1 (11th Cir. 1984) (holding that the ALJ should consider on remand the need for an orthopedic evaluation).
Upon review of the record and filings, I agree with the parties that it is appropriate to remand this matter to the Commissioner.
Accordingly, it is ORDERED: 1. The Commissioner’s Motion (Doc. 22) is GRANTED and this action is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g)! to the Commissioner for the following reason: Upon remand, the Appeals Council will remand the case to an Administrative Law Judge with instructions to consider the medical evidence upon which the comparison point decision was based and compare it with the subsequent medical evidence in accordance with 20 C.F.R. § 404.1594; offer Plaintiff the opportunity for a supplemental hearing; and issue a new decision.
2. The Clerk is directed to enter judgment accordingly and close the file. DONE and ORDERED in Ocala, Florida on April 16, 2021.
PHILIP R. LAMMENS
United States Magistrate Judge Copies furnished to: Counsel of Record. Unrepresented Parties
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Shalala v. Schaefer, 509 U.S. 292 (U.S. 1993)
- Dirven D. Reeves v. Heckler, 734 F.2d 519 (11th Cir. 1984)
- Diorio v. Heckler, 721 F.2d 726 (11th Cir. 1983)
- Brissette v. Heckler, 730 F.2d 548 (8th Cir. 1984)
- Brissette v. Heckler, 784 F.2d 864 (8th Cir. 1986)