Opinion
8:23-cv-2384-AAS
05-16-2024
AMBER DAWN FOREMAN, Plaintiff, v. MARTIN O'MALLEY, Commissioner of Social Security Administration, Defendant.
ORDER
AMANDA ARNOLD SANSONE, United States Magistrate Judge.
The Commissioner of Social Security (Commissioner) moves to remand this case for further action under sentence four of 42 U.S.C. § 405(g). (Doc. 22). This request is unopposed. (Id. at p. 2).
The Commissioner requests remand with entry of judgment for these reasons:
Upon remand, the Social Security Administration's Appeals Council will instruct the Administrative Law Judge to seek supplemental vocational expert evidence to determine whether there are a significant number of jobs in the national economy that Plaintiff can perform; before relying on the vocational expert evidence, identify and resolve any conflicts between the occupational evidence provided by the vocational expert and information in the Dictionary of Occupational Titles (DOT) (Social Security Ruling 00-4p (2000)); give Plaintiff an opportunity for a hearing; and issue a new decision.(Id. at p. 1). Section 405(g) of the Social Security Act provides “[t]he 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], with or without remanding the cause for a rehearing.” See Shalala v. Schaefer, 509 U.S. 292 (1993).
Accordingly, the Commissioner's unopposed motion for entry of judgment with remand (Doc. 22) is GRANTED. The Clerk of Court is DIRECTED to enter judgment in favor of the plaintiff and close the file.