Altonen v. Comm'r of Soc. Sec.

Full title: NICOLE D. ALTONEN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant

Court: United States District Court, Middle District of Florida

Date published: Apr 4, 2023

6:22-cv-2391-LHP (M.D. Fla. Apr. 4, 2023)

Opinion

6:22-cv-2391-LHP

04-04-2023

NICOLE D. ALTONEN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant

LESLIE HOFFMAN PRICE UNITED STATES MAGISTRATE JUDGE

ORDER ^{[ 1}

1 The parties have consented to the exercise of jurisdiction by a United States Magistrate Judge. See Doc. Nos. 15, 17-18.

LESLIE HOFFMAN PRICE UNITED STATES MAGISTRATE JUDGE

This cause came on for consideration without oral argument on the following motion filed herein:

MOTION: 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. 16)

FILED: March 27, 2023

THEREON it is ORDERED that the motion is GRANTED.

The Commissioner of Social Security moves to remand this case pursuant to sentence four of 42 U.S.C. § 405(g), so that the following may occur:

Upon remand, the Appeals Council will instruct the Administrative Law Judge to further evaluate whether there was medical improvement and issue a new decision.

Doc. No. 16. Plaintiff does not object to the motion. Id. at 1.

Upon consideration, the Court finds the request well taken. See 42 U.S.C. § 405(g). Accordingly, it is ORDERED that:

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. 16) is GRANTED.

2. The final decision of the Commissioner is REVERSED and REMANDED for further administrative proceedings pursuant to sentence four of § 405(g), for the above-stated reason.

3. The Clerk of Court is directed to ENTER judgment in favor of Plaintiff and against the Commissioner, and thereafter CLOSE this case.

DONE and ORDERED in Orlando, Florida on April 4, 2023.