Opinion
8:22-cv-715-JRK
10-12-2022
MIGDALIA RIVERA, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
The parties consented to the exercise of jurisdiction by a United States Magistrate Judge. See Notice, Consent, and Reference of a Civil Action to a Magistrate Judge (Doc. No. 10), filed August 10, 2022; Reference Order (Doc. No. 13), entered August 10, 2022.
JAMES R. KLINDT UNITED STATES MAGISTRATE JUDGE
This cause is before the Court on Defendant's Unopposed Motion for Entry of Judgment with Remand (Doc. No. 21; “Motion”), filed October 7, 2022, that seeks to have this matter reversed and remanded to the Social Security Administration for further administrative proceedings. Motion at 1-2. Plaintiff has no objection to the Motion, see id. at 1, and such a disposition is clearly within the Court's authority, see Shalala v. Schaefer, 509 U.S. 292 (1993). Accordingly, it is
ORDERED:
1. Defendant's Unopposed Motion for Entry of Judgment with Remand (Doc. No. 21) is GRANTED.
2. The Clerk of Court is directed to enter judgment REVERSING AND REMANDING this case pursuant to sentence four of 42 U.S.C. § 405(g) with the following instructions:
The Commissioner will further evaluate the jobs available to the claimant in the national economy, considering whether there is a borderline age situation in accordance with HALLEX I-2-2-42; update the administrative record; and issue a new decision.
3. The Clerk is further directed to close the file.
4. In the event benefits are awarded on remand, Plaintiff's counsel shall ensure that any § 406(b) fee application be filed within the parameters set forth by the Standing Order on Management of Social Security Cases entered on December 7, 2021 in Case No. 3:21-mc-001-TJC (Doc. No. 43, ¶¶ 6, 8).
DONE AND ORDERED in Jacksonville, Florida on October 12, 2022.