Opinion
5:22-cv-319-PRL
10-26-2022
NICOLE LEONOWSKI, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
Philip R. Lammens United States Magistrate Judge
Before the Court is the Commissioner's unopposed motion for entry of judgment pursuant to sentence four of 42 U.S.C. § 405(g), asking the Court to remand this case so the Commissioner can take further administrative action. (Doc. 10).
Under 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, 509 U.S. 292 (1993). Where the court cannot discern the basis for the Commissioner's decision, a sentence-four remand may be appropriate to allow him to explain the basis for his decision. Falcon v. Heckler, 732 F.2d 827, 829-30 (11th Cir. 1984) (holding remand was appropriate to allow the ALJ to explain the basis for the determination that the claimant's depression did not significantly affect her ability to work). 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).
Upon review of the record and filings, I agree with the parties that it is appropriate to remand this matter to the Commissioner. Accordingly, it is ORDERED:
1. The Commissioner's motion (Doc. 10), is GRANTED and this action is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g), to the Commissioner for the following reason:
Remand pursuant to sentence four of § 405(g) makes the plaintiff a prevailing party for purposes of the Equal Access to Justice Act, 28 U.S.C. § 2412, and terminates this Court's jurisdiction over this matter. Shalala, 509 U.S. at 301-02.
to offer the claimant an opportunity for a new hearing; obtain vocational expert testimony to determine if an individual with claimant's vocational profile and residual functional capacity can perform other jobs in significant numbers in the national economy, and, before relying on the vocational expert testimony, shall resolve any conflicts posed by the vocational expert's testimony and the DOT; and issue a new decision.
2. The Clerk is directed to enter judgment accordingly and close the file.
DONE and ORDERED.