Torres v. Comm'r of Soc. Sec.

Full title: ELIZABETH TORRES, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Court: United States District Court, Middle District of Florida

Date published: May 8, 2023

6:23-cv-162-EJK (M.D. Fla. May. 8, 2023)

Opinion

6:23-cv-162-EJK

05-08-2023

ELIZABETH TORRES, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

EMBRY J. KIDD, UNITED STATES MAGISTRATE JUDGE

ORDER

EMBRY J. KIDD, UNITED STATES MAGISTRATE JUDGE

This cause come before the Court on Defendant's Unopposed Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. § 405(g) with Reversal and Remand of the Cause to the Defendant (the “Motion”) (Doc. 22), filed May 5, 2023. Therein, Defendant requests that the case be reversed and remanded to the Commissioner of Social Security, pursuant to sentence four¹of 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.”

[F]urther administrative proceedings, including offering claimant the opportunity for a new hearing, obtaining supplemental vocational expert testimony, and issuing 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 Under Sentence Four of 42 U.S.C. § 405(g) with Reversal and Remand of the Cause to the Defendant (Doc. 22) 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. The Clerk is DIRECTED to enter a separate judgment in favor of Plaintiff and close the case.

DONE and ORDERED in Orlando, Florida on May 8, 2023.