WEIST
v.
COMMISSIONER OF SOCIAL SECURITY
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The court granted the Commissioner's unopposed motion, reversing the decision denying benefits and remanding for further administrative proceedings.
The Commissioner of Social Security filed an unopposed motion for entry of judgment with remand, requesting the agency obtain supplemental vocational …
The full statement of facts, procedural history, and disposition for this case are member content.
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ORDER1
Before the Court is the Acting Commissioner of Social Security’s Unopposed Motion for Entry of Judgment with Remand. (Doc. 21). A remand is proper based on the following: The Commissioner believes remand would be appropriate to have the agency: obtain supplemental vocational to further administrative proceedings. Specifically, the Administrative Law Judge (ALJ) should: (1) obtain supplemental evidence from a vocational expert to clarify the effect of the assessed limitation on Plaintiff’s occupational base; (2) offer Plaintiff an opportunity for a hearing; (3) take on any further action needed to complete the administrative record; and (4) issue a new decision.
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). Given the parties’ representations and agreement on the matter, the Court grants the Motion, reverses, and remands for further proceedings.
See Morgan v. Astrue, No. 2:11-cv-615-FtM-29SPC, 2012 WL 695840, at *1 (M.D. Fla. Mar.1, 2012). Accordingly, it is now ORDERED:
1. The Commissioner’s Unopposed Motion for Entry of Judgment with Remand (Doc. 21) is GRANTED.
2. The decision denying benefits is REVERSED and this case is REMANDED under sentence four of 42 U.S.C. § 405(g) for further
proceedings. 3. Any application for fees, costs, or expenses must comply with the Court’s Standing Order on Management of Social Security Cases, In re Administrative Orders of the Chief Judge, Case No. 3:21-mc-1-TJC,
Doc. 43 (Dec. 7, 2021). 4. The Clerk is DIRECTED to enter judgment, terminate all deadlines, deny any pending motions as moot, and close the case. DONE and ORDERED in Fort Myers, Florida on May 6, 2022.
, Lh platrathe 7
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Shalala v. Schaefer, 509 U.S. 292 (U.S. 1993)
- Melkonyan v. Sullivan, 501 U.S. 89 (U.S. 1991)