Opinion
2:24-cv-691-KCD
11-13-2024
HEATHER MOBLEY AIZENSHTAT, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
Kyle C. Dudek United States Magistrate Judge
Before the Court is the Defendant's Unopposed Motion for Remand. (Doc. 16.) The Commissioner believes that remand is appropriate for the ALJ to reevaluate the evidence in accordance with the agency's regulations and policies; take any further action needed to complete the administrative record, including offering Plaintiff the opportunity for a new hearing; and issue a new decision. (Id. at 1.)
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 Shalala v. Schaefer, 509 U.S. 292, 296-98 (1993); Melkonyan v. Sullivan, 501 U.S. 89, 10102 (1991). The Commissioner's request for remand is appropriate, and given Plaintiff's consent, it will be granted.
Accordingly, it is now ORDERED:
1. Defendant's Unopposed Motion for Remand (Doc. 16) is GRANTED.
2. The Commissioner'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. The Clerk is DIRECTED to enter judgment, terminate all deadlines, deny all pending motions as moot, and close the file.
ENTERED in Fort Myers, Florida on November 13, 2024.