Kruse v. Berryhill, 1:16-cv-329-WTH-GRJ. (2017)
Court: District Court, N.D. Florida
Number: infdco20170626835
Visitors: 16
Filed: May 26, 2017
Latest Update: May 26, 2017
Summary: REPORT AND RECOMMENDATION GARY R. JONES , Magistrate Judge . Pending before the Court is ECF No. 15, Defendant's Motion for Remand Pursuant to Sentence Four of 42 U.S.C. 405(g). Defendant requests the Court to remand this case under sentence four of 405(g) so that an administrative law judge may further evaluate the evidence of record and issue a new administrative decision. Defendant states that upon remand, the ALJ will consider the medical opinion evidence in accordance with the Co
Summary: REPORT AND RECOMMENDATION GARY R. JONES , Magistrate Judge . Pending before the Court is ECF No. 15, Defendant's Motion for Remand Pursuant to Sentence Four of 42 U.S.C. 405(g). Defendant requests the Court to remand this case under sentence four of 405(g) so that an administrative law judge may further evaluate the evidence of record and issue a new administrative decision. Defendant states that upon remand, the ALJ will consider the medical opinion evidence in accordance with the Com..
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REPORT AND RECOMMENDATION
GARY R. JONES, Magistrate Judge.
Pending before the Court is ECF No. 15, Defendant's Motion for Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g).
Defendant requests the Court to remand this case under sentence four of § 405(g) so that an administrative law judge may further evaluate the evidence of record and issue a new administrative decision. Defendant states that upon remand, the ALJ will consider the medical opinion evidence in accordance with the Commissioner's regulations and, if warranted, consult a vocational expert to clarify the effects of the assessed limitations on Plaintiff's ability to perform work. Defendant has conferred with counsel for Plaintiff, who represents that Plaintiff does not object to this motion.
Title 42, United States Code, Section 405(g), empowers the Court to reverse the decision of the Commissioner with or without remanding the cause for a rehearing.2 Where the district 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.3 On remand under sentence four, the administrative law judge ("ALJ") should review the case on a complete record, including any new material evidence.
Accordingly, it is RECOMMENDED that:
1. Defendant's Motion for Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g), ECF No. 15, should be GRANTED.
2. The Commissioner's decision denying benefits to Plaintiff should be REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. On remand the ALJ will consider the medical opinion evidence in accordance with the Commissioner's regulations, if warranted, consult a vocational expert to clarify the effects of the assessed limitations on Plaintiff's ability to perform work, and issue a new decision.
3. The Clerk should be directed to enter judgment accordingly, terminate any pending motions, and close the file.
FootNotes
1. Nancy A. Berryhill became the Acting Commissioner of Social Security on1 January 23, 2017. Accordingly, pursuant to Fed. R. Civ. P. 25(d), Nancy A. Berryhill should be substituted for former Acting Commissioner of Social Security, Carolyn W. Colvin, as Defendant in this matter. The Clerk is directed to correct the docket accordingly.
2. Shalala v. Schaefer, 509 U.S. 292 (1993).
3. Falcon v. Heckler, 732 F.2d 827, 829-30 (11th Cir. 1984).3
Source: Leagle
