Opinion
6:22-cv-1310-LHP
12-14-2022
WILLIAM HARRIS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant
The parties have consented to the exercise of jurisdiction by a United States Magistrate Judge. See Doc. Nos. 14-17.
LESLIE HOFFMAN PRICE UNITED STATES MAGISTRATE JUDGE
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: UNOPPOSED MOTION FOR ENTRY OF JUDGMENT UNDER SENTENCE FOUR OF 42 U.S.C. § 405(g) WITH REMAND OF THE CAUSE TO DEFENDANT (Doc. No. 15)
FILED: November 29, 2022
THEREON it is ORDERED that the motion is GRANTED.
The Commissioner of Social Security moves to remand this case pursuant to sentence four of 42 U.S.C. § 405(g), so that the following may occur:
On remand, the Commissioner will: (1) update the administrative record; (2) if necessary, re-evaluate Plaintiff's residual functional capacity; (3) obtain supplemental evidence from a vocational expert; (4) offer Plaintiff an opportunity for a hearing; and (5) issue a new decision.Doc. No. 15. Plaintiff does not oppose the motion. Id. at 1.
Upon consideration, the Court finds the request well taken. See 42 U.S.C. § 405(g). Accordingly, it is ORDERED that:
1. The Unopposed Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. § 405(g) with Remand of the Cause to Defendant (Doc. No. 15) is GRANTED.
2. The final decision of the Commissioner is REVERSED and REMANDED for further administrative proceedings pursuant to sentence four of § 405(g), for the above-stated reasons.
3. The Clerk of Court is directed to ENTER judgment in favor of Plaintiff and against the Commissioner, TERMINATE any pending motions as moot, and thereafter CLOSE this case.
DONE and ORDERED in Orlando, Florida on December 14, 2022.