Freeman v. Comm'r of Soc. Sec.

Full title: ALICIA FREEMAN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Court: United States District Court, Middle District of Florida

Date published: Apr 6, 2023

6:22-cv-1809-EJK (M.D. Fla. Apr. 6, 2023)

Opinion

6:22-cv-1809-EJK

04-06-2023

ALICIA FREEMAN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

EMBRY J. KIDD UNITED STATES MAGISTRATE JUDGE.

ORDER

EMBRY J. KIDD UNITED STATES MAGISTRATE JUDGE.

This cause comes before the Court on Defendant's Unopposed Motion for Entry of Judgment with Remand (the “Motion”) (Doc. 26), filed April 5, 2023. Therein, Defendant requests that the case be reversed and remanded to the Commissioner of Social Security, pursuant to sentence four¹ of 42 U.S.C. § 405(g), for the following reasons:

1 A “sentence-four” remand refers to the fourth sentence of 42 U.S.C. § 405(g). Sentence four authorizes the Court to enter a “judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing.”

On remand, the Commissioner will evaluate the opinion evidence, including that from Dr. William Eyring and Dr. Whitney Legler; obtain supplemental vocational expert testimony if needed; and issue a new decision.

(Id. at 1.) Upon consideration, the Court will grant the Motion.

Accordingly, it is hereby ORDERED that:

1. Defendant's Unopposed Motion for Entry of Judgment with Remand (Doc. 26) is GRANTED.

2. The final decision of the Commissioner is REVERSED and REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for the aforementioned reasons.

3. All pending motions are DENIED AS MOOT.

4. The Clerk is DIRECTED to enter a separate judgment in favor of Plaintiff and close the case.

DONE and ORDERED.