STATON

v.

COMMISSIONER OF SOCIAL SECURITY

1 In her brief in opposition to the Commissioner’s decision (Doc. 17), plaintiff advocated for a finding of disability but alternatively moved for a remand for further proceedings, which seems an implicit acknowledgement that the record is not as clear as she now contends. symptoms; (3) reevaluate plaintiff’s residual functional capacity; (4) obtain supplemental vocational expert testimony to evaluate whether plaintiff can perform a significant number of jobs in the national economy with her residual functional capacity; and (5) take such other steps as are necessary to properly evaluate plaintiff’s claim. 3. Given the length of time that has transpired since plaintiff filed her claim, the Commissioner is requested to expedite the reevaluation to the extent possible. Notwithstanding that this case will be closed following remand, beginning on May 31, 2023 and every 60 days thereafter until a decision is reached, counsel for the Commissioner shall file a status report in this case to advise of the status of the reevaluation. 4. If plaintiff ultimately prevails in this case upon remand to the Social Security Administration, any motion for attorney’s fees under 42 U.S.C. § 406(b) and/or 42 U.S.C. § 1383(d)(2) must be filed within fourteen days from plaintiff’s counsel’s receipt of any “close-out” letter. The motion must include the agency letter stating the amount of past-due benefits withheld, include any applicable contingency fee agreement, and establish the fee is reasonable for the services rendered. This Order does not extend the time limits for filing a motion for attorney’s fees under the Equal Access to Justice Act, 28 U.S.C. § 2412. 5. The Clerk is directed to enter judgment in favor of plaintiff and against the Commissioner and close the file. DONE AND ORDERED in Jacksonville, Florida this 19th day of January, 20238.