Opinion
CASE NO. 1:07CV141-MMP/AK.
February 11, 2008
REPORT AND RECOMMENDATION
Plaintiff brings this cause pursuant to 42 U.S.C. § 405(g) seeking judicial review of the administrative denial of her application for disability insurance benefits under Title II of the Social Security Act and supplemental security income benefits under Title XVI of the Social Security Act. (Doc. 1). Defendant has moved to remand this matter (doc. 17) to the Commissioner under sentence four of 42 U.S.C. § 405(g) which provides that:
The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing.
Defendant concedes that this action should be remanded to the Administrative Law Judge for additional action, and specifically requests that upon remand the Administrative Law Judge will obtain testimony from a vocational expert to clarify the effect of the assessed limitations on Plaintiff's occupational job base by posing a hypothetical that includes all of the specific limitations contained in the residual functional capacity determination. The ALJ will ask the vocational expert to identify examples of appropriate jobs and to state the incidence of such jobs in the national economy and shall identify and resolve any conflicts between the occupational evidence provided by the expert and information in the Dictionary of Occupational Titles and its companion publication, Selected Characteristics of Occupations. This Court shall also enter a final judgment under Rule 58, Federal Rules of Civil Procedure.
Plaintiff has no objection to the motion to remand.
Accordingly, it is RECOMMENDED that Defendant's motion to remand (doc. 17) be GRANTED, and this cause REMANDED to the Commissioner for further proceedings by the Administrative Law Judge, as set forth above. It is also recommended that final judgment be entered.
IN CHAMBERS at Gainesville, Florida.
NOTICE TO THE PARTIES
A party may file specific, written objections to the proposed findings and recommendations within 15 days after being served with a copy of this report and recommendation. A party may respond to another party's objections within 10 days after being served with a copy thereof. Failure to file specific objections limits the scope of review of proposed factual findings and recommendations.