WHITLOCK
v.
COMMISSIONER OF SOCIAL SECURITY
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The court granted the Commissioner's unopposed motion for remand.
The Commissioner of Social Security moved for an unopposed remand of the plaintiff's social security benefits case. The Commissioner sought remand for…
The full statement of facts, procedural history, and disposition for this case are member content.
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Before the Court is Defendant’s Unopposed Motion for Remand. (Doc. 14.) The Commissioner believes that remand is appropriate for the Appeals Council to instruct the Administrative Law Judge to offer Plaintiff the opportunity for a hearing; give further consideration to Plaintiff’s maximum residual functional capacity (RFC); if necessary, obtain supplemental vocational expert testimony based on Plaintiff’s RFC; take any further action needed to complete the administrative record; and issue a new decision.
(Id. at 2.) Under 42 U.S.C. § 405(g), the Court can enter judgment, reversing and remanding a social security case for rehearing. See Shalala v. Schaefer, 509 U.S. 292, 296-98 (1993); Melkonyan v. Sullivan, 501 U.S. 89, 101-02 (1991). The Commissioner’s request for remand is appropriate, and given Plaintiff’s consent, it will be granted. Accordingly, it is now ORDERED: 1. Defendant's Unopposed Motion for Remand (Doc. 14) is
GRANTED.
2. The Commissioner’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. The Clerk is DIRECTED to enter judgment, terminate all deadlines, deny all pending motions as moot, and close the file. ORDERED in Fort Myers, Florida on May 15, 2025.
Pgh gl sea te ge gee * Kale C. Dudek United States Magistrate Judge