MAGDYCZ
v.
COMMISSIONER OF SOCIAL SECURITY

S.D. Fla. | 2021-09-06
No. 20-CV-62495
District Court, S.D. Florida (2021)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Holding

The court granted the unopposed motion for entry of judgment with remand, reversing the Commissioner's decision.

Facts & Procedural History

Plaintiff sought review of the denial of Disability Insurance Benefits. Defendant filed a motion for entry of judgment with remand, conceding reconsid…

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

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.

Topics
Review Of Denial Of Disability Insurance Benefits 42 U.S.C. § 405(G) Review Denial of Disability Insurance Benefits Social Security Act Title Ii

Explore caselaw by topic → Browse Review Of Denial Of Disability Insurance Benefits cases and more on FLexlaw

Opinion of the Court

and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Security, with or without remanding the cause for a rehearing.” 42 U.S.C. § 405(g). To remand under Sentence Four of § 405(g), the Court must find that “the decision is not supported by substantial evidence, or that the Commissioner [or the Administrative Law Judge] incorrectly applied the law relevant to the disability claim.” Jackson v. Chater, 99 F. 3d 1086, 1092 (11th Cir. 1996). Here, reversal and remand are necessary because Defendant concedes that reconsideration is required. (DE 21). Accordingly, it is hereby ORDERED AND ADJUDGED as follows: 1. The Motion (DE 21) is GRANTED;

2. The decision of the Commissioner is REVERSED and REMANDED for further proceedings under 42 U.S.C. § 405(g) as follows: a. On remand, an administrative law judge (“ALJ”) will further evaluate the case and issue a new administrative decision. b. Specifically, on remand, the ALJ will give further consideration to the opinion evidence of record, give further consideration to Plaintiff’s maximum residual functional capacity, and, if warranted, obtain supplemental evidence from a

5. The Court will separately enter a Final Judgment.

DONE AND ORDERED in Fort Lauderdale, Florida, this 6th day of September 2021.

United States Magistrate Judge Copies provided to counsel of record via CM/EFT.

Footnotes
1 Defendant notes that “Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Kilolo Kijakazi should be substituted, therefore, for Andrew Saul as the defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).” (DE 21 at n.1). filed the instant Motion on September 3, 2021 requesting the Court to enter a final judgment2 pursuant to Rule 58 of the Federal Rules of Civil Procedure reversing the decision and remanding this case to the Commissioner. (DE 21). Sentence Four of 42 U.S.C. § 405(g) authorizes a district court to “enter, upon the pleadings
2 “[I]t is preferable that [a final] judgment be entered separately.” Baez v. Comm'r of Soc. Sec., 760 F. App'x 851, 855 (11th Cir. 2019). vocational expert to clarify the effect of the assessed limitations on Plaintiff's occupational base; 3. The CLERK is directed to CLOSE this case; 4. All pending motions are DENIED as MOOT; and

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw