Opinion
CASE NO. 1:07CV112-MMP/AK.
April 2, 2008
REPORT AND RECOMMENDATION
Plaintiff brings this cause pursuant to 42 U.S.C. § 405(g) seeking judicial review of the administrative denial of his application for disability insurance benefits under Title II of the Social Security Act. (Doc. 2). Defendant has moved to remand this matter (doc. 20) to the Commissioner under sentence four of 42 U.S.C. § 405(g) which provides that:
The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing.
Defendant concedes that this action should be remanded to the Administrative Law Judge for additional action, and specifically requests that upon remand the Administrative Law Judge shall update the medical record and conduct a supplemental hearing to obtain testimony from a vocational expert to clarify the effect of the assessed limitations on Plaintiff's occupational job base. The hypothetical questions posed to the expert should accurately reflect all of the specific limitations contained in the residual functional capacity determination, and the expert shall identify examples of appropriate jobs and the incidence of such jobs in the national economy. All conflicts between the evidence and information in the Dictionary of Occupational Titles and its companion publication the Selected Characteristics of Occupations should be resolved by the ALJ. This Court shall also enter a final judgment under Rule 58, Federal Rules of Civil Procedure.
Plaintiff has no objection to the motion to remand.
Accordingly, it is RECOMMENDED that Defendant's motion to remand (doc. 19) be GRANTED, and this cause REMANDED to the Commissioner for further proceedings by the Administrative Law Judge, as set forth above. It is also recommended that final judgment be entered.
IN CHAMBERS at Gainesville, Florida.
NOTICE TO THE PARTIES
A party may file specific, written objections to the proposed findings and recommendations within 15 days after being served with a copy of this report and recommendation. A party may respond to another party's objections within 10 days after being served with a copy thereof. Failure to file specific objections limits the scope of review of proposed factual findings and recommendations.