FOERSTER, JR.
v.
COMMISSIONER OF SOCIAL SECURITY
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The court recommended granting the Commissioner's motion for a sentence four remand, reversing the prior decision, and remanding for further proceedings.
The Commissioner of Social Security filed an unopposed motion for entry of judgment with remand, seeking to re-evaluate medical evidence and the plain…
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This cause is before me on referral for consideration of the Commissioner’s Unopposed Motion for Entry of Judgment with Remand. (Doc. 15). By way of his motion, the Commissioner seeks an Order remanding the case pursuant to sentence four of 42 U.S.C. § 405(g). In support of this request, the Commissioner asserts: “On remand, the Commissioner will: (1) re-evaluate the medical opinion evidence from Dr. Douglas Walsh, Jr.; (2) re-evaluate Plaintiff’s Residual Functional Capacity; and (3) if necessary, obtain supplemental evidence from a vocational expert to clarify the effect of the assessed (or reassessed) limitations on Plaintiff’s occupational base.” Id. at 1. The Commissioner represents that the Plaintiff does not object to the requested remand. Id. Sentence four of section 405(g) provides that “[t]he court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner . . . with or without remanding the cause for a rehearing.” 42 U.S.C. § 405(g). In a sentence four remand, the appropriate procedure requires the court to enter a final judgment in favor of the plaintiff. Shalala v. Schaefer, 509 U.S. 292, 296-97 (1993). In light of the above, I recommend that the Court enter an Order: 1. granting the Commissioner’s motion (Doc. 15); 2. reversing and remanding this action for further proceedings before the Commissioner consistent with the above; 3. directing the Clerk of Court to enter Judgment in the Plaintiff's favor and to close the case; and 4, retaining jurisdiction on the matter of attorney’s fees and costs pending further motion.
Respectfully submitted this 24th day of October 2019. [Ninian Ack
HONORABLE CHRISTOPHER P. TUITE
United States Magistrate Judge
NOTICE TO PARTIES
A party has fourteen (14) days from this date to file written objections to the Report and Recommendation’s factual findings and legal conclusions. A party’s failure to file written objections, or to move for an extension of time to do so, waives that party’s right to challenge on appeal any unobjected-to factual finding(s) or legal conclusion(s) the District Judge adopts from the Report and Recommendation. See 11th Cir. R. 3-1; 28 U.S.C. § 636(b)(1).
Copies to: Honorable Susan C. Bucklew, United States District Judge Counsel of record