Opinion
2:24-cv-689-KCD
11-25-2024
KALEB THOMAS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
KYLE C. DUDEK, UNITED STATES MAGISTRATE JUDGE
Before the Court is the Defendant's Unopposed Motion for Remand. (Doc. 16.) The Commissioner believes that remand is appropriate for the ALJ to:
further evaluate the prior administrative medical findings pursuant to 20 CFR § 416.920c; obtain supplemental vocational expert evidence to clarify the effect of the assessed limitations on the Plaintiff's occupational base; resolve any conflicts between the occupational evidence provided by the vocational expert and the information in the Dictionary of Occupational Titles and its companion publication, the Selected Characteristics of Occupations; offer the claimant the opportunity for a hearing, take any further action needed to complete the administrative record, and issue a new decision.(Id. at 1.)
Under 42 U.S.C. § 405(g), the Court has the power to enter judgment, reversing and remanding a social security case for rehearing. See Shalala v. Schaefer, 509 U.S. 292, 296-98 (1993); Melkonyan v. Sullivan, 501 U.S. 89, 101-02 (1991). The Commissioner's request for remand is appropriate, and given Plaintiff's consent, it will be granted.
Accordingly, it is now ORDERED:
1. Defendant's Unopposed Motion for Remand (Doc. 16) is GRANTED.
2. The Commissioner's decision denying benefits is REVERSED and this case is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings.
3. The Clerk is DIRECTED to enter judgment, terminate all deadlines, deny all pending motions as moot, and close the file.
ENTERED in Fort Myers, Florida on November 25, 2024.