Opinion
5:20-cv-316-GKS-JBT
06-01-2021
TERRY WALLACE DUALLO, Plaintiff, v. ANDREW SAUL, COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
G. KENDALL SHARP, SENIOR UNITED STATES DISTRICT JUDGE
THIS CAUSE comes before the Court upon the Report and Recommendation of the United States Magistrate Judge (Doc. 23), filed on May 13, 2021, recommending that Defendant Commissioner of Social Security's Unopposed Motion for Entry of Judgment with Remand (Doc. 22), be granted.
Defendant requests that the Court order remand under sentence four of 42 U.S.C. § 405(g) for the following reasons:
On remand, the Commissioner will update the record and offer Plaintiff the opportunity for a hearing. The Commissioner will obtain additional testimony from a vocational expert, resolving any apparent conflicts between the vocational evidence and the Dictionary of Occupational Titles in accordance with Social Security Ruling 00-4p. The Commissioner will then issue a new decision
After review and consideration of the Report and Recommendation, and noting that no timely objections have been filed, it is hereby ORDERED and ADJUDGED as follows:
1. United States Magistrate Judge Joel B. Toomey's Report and Recommendation (Doc. 23) is APPROVED and ADOPTED and made part of this Order for all purposes, including appellate review.
2. Defendant Commissioner of Social Security's Unopposed Motion for Entry of Judgment with Remand (Doc. 22) is GRANTED.
3. The final decision of the Commissioner is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for the reasons set forth in the Motion.
4. All other pending motions in this case shall be DENIED as moot.
5. The Clerk of Court is DIRECTED to enter judgment in favor of Plaintiff, Terry Wallace Duallo, and to CLOSE the case.
DONE AND ORDERED.