URE, JR.
v.
COMMISSIONER OF SOCIAL SECURITY
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The court granted the Commissioner's unopposed motion for remand.
The Commissioner of Social Security requested a remand of the plaintiff's social security benefits case. The Commissioner sought further consideration…
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. 23.) The Commissioner believes that remand is appropriate for the ALJ to, give further consideration to the opinion evidence from Martha Turnberg, M.D.; reevaluate the claimant’s maximum residual functional capacity; and if warranted, obtain supplemental evidence from a vocational expert to clarify the effects of the assessed limitations on the occupational base. The Administrative Law Judge will also offer the claimant the opportunity for a hearing; take further action to complete the administrative record; and issue a new decision.
(Id. at 1.) 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. 28) 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. ENTERED in Fort Myers, Florida on April 29, 2025.
Pc [...] ce te ge gee Le te L. ile? * Kale C. Dudek United States Magistrate Judge