Opinion
Case No: 2:19-cv-627-SPC-NPM
05-11-2021
PENNY LYNN SOUTH, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
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Before the Court is Defendant Commissioner of Social Security's Unopposed Motion for Entry of Judgment with Remand (Doc. 31). The Commissioner believes remand is appropriate for the following:
On remand, the agency will assign a different administrative law judge (ALJ), provide Plaintiff with the opportunity for a hearing before the newly assigned ALJ to further evaluate Plaintiff's claims, and issue a new decision.(Doc. 31 at 1). Plaintiff does not oppose the Motion.
Under 42 U.S.C. § 405(g), the Court has the power to enter judgment, reversing and remanding a social security case for rehearing. See also 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) Defendant's Unopposed Motion for Entry of Judgment with Remand (Doc. 31) is GRANTED.
(2) Defendant's decision denying benefits is REVERSED and this case is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings.
(3) If Plaintiff prevails on remand, Plaintiff must comply with the Court's November 14, 2012, standing order in Miscellaneous Case No. 6:12-mc-124-Orl-22.
(4) The Clerk is DIRECTED to enter judgment, terminate all deadlines or pending motions, and close the file.
DONE and ORDERED in Fort Myers, Florida on May 11, 2021.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record