RODRIGUEZ

v.

COMMISSIONER OF SOCIAL SECURITY

M.D. Fla. | 2024-02-09

No. 6:23-cv-1365

District Court, M.D. Florida (2024)

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Holding

The Court granted the Defendant's unopposed motion for entry of judgment with remand.

Facts & Procedural History

Plaintiff Maria Rodriguez brought this action against the Commissioner of Social Security. The Defendant filed an unopposed motion seeking to have the…

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Topics

Administrative Law Judge Proceedings Residual Functional Capacity

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Opinion of the Court

MARTIN J. O’MALLEY, Commissioner of Social Security,

Defendant. /

ORDER1

This cause is before the Court on Defendant’s Unopposed Motion for Entry of Judgment With Remand (Doc. No. 35; “Motion”), filed February 5, 2024, that seeks to have this matter reversed and remanded to the Social Security Administration for further administrative proceedings. Motion at 1-2. Plaintiff has no objection to the Motion, see id. at 2, and such a disposition is clearly within the Court’s authority, see Shalala v. Schaefer, 509 U.S. 292 (1993). Accordingly, it is ORDERED: 1. Defendant’s Unopposed Motion for Entry of Judgment With Remand (Doc. No. 35) is GRANTED.

3. The Clerk is further directed to close the file.

DONE AND ORDERED in Jacksonville, Florida on February 9, 2024.

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JAMES R. KLINDT

United States Magistrate Judge

kaw Copies: Counsel of Record

Footnotes

1 The parties consented to the exercise of jurisdiction by a United States Magistrate Judge. See Notice, Consent, and Reference of a Civil Action to a Magistrate Judge (Doc. No. 19), filed September 11, 2023; Reference Order (Doc. No. 20), signed September 13, 2023 and entered September 15, 2023. 2. The Clerk of Court is directed to enter judgment REVERSING AND REMANDING this case pursuant to sentence four of 42 U.S.C. § 405(g) with the following instructions: On remand, the Administrative Law Judge will be instructed to consider the medical opinions and prior administrative medical findings; further assess [Plaintiff's] residual functional capacity; obtain supplemental vocational expert evidence; offer [Plaintiff] an opportunity for a hearing; address the additional evidence [Plaintiff] submitted to the Appeals Council; take any additional action necessary to complete the administrative record; and issue a new decision.

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Citator

Authorities Cited

Shalala v. Schaefer, 509 U.S. 292 (U.S. 1993)

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