Blanchard v. Comm'r of Soc. Sec.

Full title: ANDRE BLANCHARD, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY Defendant.

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

Date published: Jul 28, 2015

Case No: 8:14-cv-2182-T-PRL (M.D. Fla. Jul. 28, 2015)

Opinion

Case No: 8:14-cv-2182-T-PRL

07-28-2015

ANDRE BLANCHARD, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY Defendant.

PHILIP R. LAMMENS United States Magistrate Judge

ORDER

This consent case is before the undersigned on Defendant's Unopposed Motion for Entry of Judgment with Remand in which Defendant requests the Court remand this case so that the Commissioner can take further administrative action. (Doc. 23). Defendant states that Plaintiff has no objection to the Motion to Remand.

Pursuant to Title 42, United States Code, Section 405(g) the Court is empowered to reverse the decision of the Commissioner with or without remanding the cause for a rehearing. Shalala v. Schaefer, 113 S. Ct. 2625 (1993). The failure of the ALJ to develop the record constitutes sufficient grounds for remand. Brissette v. Heckler, 730 F.2d 548 (8th Cir. 1984), appeal after remand 613 F. Supp. 722 (E.D. Mo. 1985), judgment aff'd in part, rev'd in part, 784 F.2d 864 (8th Cir. 1986). On remand under sentence four, the ALJ should review the case on a complete record, including any new material evidence. Diorio v. Heckler, 721 F.2d 726, 729 (11th Cir. 1983) (finding that it was necessary for the ALJ on remand to consider psychiatric report tendered to Appeals Council); Reeves v. Heckler, 734 F.2d 519, 522 n. 1 (11th Cir. 1984) (holding that the ALJ should consider on remand the need for an orthopedic evaluation).

Therefore, the undersigned agrees with the parties that it is appropriate to remand this matter to the Commissioner. Accordingly, it is respectfully ORDERED that:

(1) Defendant's Unopposed Motion for Entry of Judgment with Remand (Doc. 19) is GRANTED;

(2) This action is REVERSED AND REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) and § 1383(c)(3) to the Commissioner for the following reasons:

On remand, the agency will further evaluate whether Plaintiff has an impairment that meets or equals the requirements of a listed impairment, particularly Listing 12.05. The agency will further develop the record, if necessary.

(3) The Clerk is directed to enter judgment accordingly, and close the file.

DONE and ORDERED in Ocala, Florida on July 28, 2015.

/s/_________

PHILIP R. LAMMENS

United States Magistrate Judge
Copies furnished to: Counsel of Record
Unrepresented Parties