CANCINO

v.

COMMISSIONER OF SOCIAL SECURITY

M.D. Fla. | 2022-10-28

No. 6:22-cv-853

District Court, M.D. Florida (2022)

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Holding

The court granted the Commissioner's unopposed motion, reversing and remanding the case for further administrative proceedings.

Facts & Procedural History

Plaintiff sued the Commissioner of Social Security. The Commissioner filed an unopposed motion to reverse and remand the case for further administrati…

The full statement of facts, procedural history, and disposition for this case are member content.

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Topics

20 C.F.R. § 404.1529 Sentence Four Remand 42 U.S.C. § 405(G)

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Opinion of the Court

KILOLO KIJAKAZI, Acting Commissioner of Social Security,

Defendant. /

ORDER1

This cause is before the Court on the Commissioner’s Unopposed Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. § 405(g) with Remand of the Cause to Defendant (Doc. No. 18; “Motion”), filed October 27, 2022, 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 1, and such a disposition is clearly within the Court’s authority, see Shalala v. Schaefer, 509 U.S. 292 (1993). Accordingly, it is ORDERED:

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

4, In the event benefits are awarded on remand, Plaintiffs counsel shall ensure that any § 406(b) fee application be filed within the parameters set forth by the Standing Order on Management of Social Security Cases entered

on December 7, 2021 in Case No. 3:21-mc-001-TJC (Doc. No. 48, 4 6, 8). DONE AND ORDERED in Jacksonville, Florida on October 28, 2022.

Trewin Boo K Reel

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. 11), filed August 2, 2022; Reference Order (Doc. No. 13), entered August 3, 2022. 1. The Commissioner’s Unopposed Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. § 405(g) with Remand of the Cause to Defendant (Doc. No. 18) is GRANTED. 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: This matter is remanded to the agency for further consideration and administrative action. Upon remand, the Commissioner will evaluate Plaintiffs subjective symptoms in accordance with 20 C.F.R. §§ 404.1529, 416.929; take any other administration action deemed necessary; 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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