CARTER
v.
COMMISSIONER OF SOCIAL SECURITY
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The court granted the Commissioner's unopposed motion for entry of judgment with remand, reversing the denial of benefits.
The Plaintiff, Alton W. Carter, sought review of a denial of social security benefits. The Defendant, the Commissioner of Social Security, filed an un…
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 Defendant Commissioner of Social Security’s Unopposed Motion for Entry of Judgment with Remand (Doc. 24). The Commissioner believes the following is appropriate: On remand, the Appeals Council will instruct an administrative law judge (ALJ) to take the following actions: (1) give further consideration to Plaintiff’s use of a cane as required under SSR 96-9p; (2) reevaluate the opinion evidence, including the opinion of Dr. Sudha Meraney that Plaintiff needed a cane for “balance and support” (Tr. 1051); (3) offer Plaintiff the opportunity for a new hearing; and (4) issue a new decision.
(Doc. 24 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 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. Defendant’s Unopposed Motion for Entry of Judgment with Remand
(Doc. 24) is GRANTED. 2. Defendant’s 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
or pending motions, and close the file. DONE and ORDERED in Fort Myers, Florida on February 12, 2021.
tite POLSTER otal
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)