Filed: Apr. 23, 2014
Latest Update: Apr. 23, 2014
Summary: REPORT AND RECOMMENDATION 1 THOMAS B. SMITH, Magistrate Judge. Pending before the Court is Defendant's Unopposed Motion for Entry of Judgment under Sentence Four of 42 U.S.C. 405(g) with Remand. (Doc. 16). The Commissioner of Social Security requests that this case be remanded pursuant to sentence four of 42 U.S.C. 405(g) so that the Commissioner can take further administrative action in the case. Pursuant to M.D. FLA. R. 3.01(g), counsel for the Commissioner represents that Plaintiff's
Summary: REPORT AND RECOMMENDATION 1 THOMAS B. SMITH, Magistrate Judge. Pending before the Court is Defendant's Unopposed Motion for Entry of Judgment under Sentence Four of 42 U.S.C. 405(g) with Remand. (Doc. 16). The Commissioner of Social Security requests that this case be remanded pursuant to sentence four of 42 U.S.C. 405(g) so that the Commissioner can take further administrative action in the case. Pursuant to M.D. FLA. R. 3.01(g), counsel for the Commissioner represents that Plaintiff's a..
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REPORT AND RECOMMENDATION1
THOMAS B. SMITH, Magistrate Judge.
Pending before the Court is Defendant's Unopposed Motion for Entry of Judgment under Sentence Four of 42 U.S.C. § 405(g) with Remand. (Doc. 16). The Commissioner of Social Security requests that this case be remanded pursuant to sentence four of 42 U.S.C. § 405(g) so that the Commissioner can take further administrative action in the case. Pursuant to M.D. FLA. R. 3.01(g), counsel for the Commissioner represents that Plaintiff's attorney has been contacted and has no objection to the requested relief.
Pursuant to Title 42, United States Code, Section 405(g) the Court is empowered to reverse the decision of the Commissioner with or without remanding the cause for a rehearing. Shalala v. Schaefer, 509 U.S. 292 (1993). Upon remand under sentence-four, the administrative law judge must review the complete case record, including any new material evidence. Diorio v. Heckler, 721 F.2d 726, 729 (11th Cir. 1983) (finding that it was necessary for the ALJ on remand to consider psychiatric report tendered to Appeals Council); Reeves v. Heckler, 734 F.2d 519, 522 n.1 (11th Cir. 1984) (holding that the ALJ should consider on remand the need for an orthopedic evaluation).
Upon due consideration, I agree with the parties that it is appropriate to remand this matter to the Commissioner and respectfully recommend that the district judge:
1. Grant Defendant's Unopposed Motion for Entry of Judgment under Sentence Four of 42 U.S.C. § 405(g) with Remand (Doc. 16);
2. Reverse and remand this action to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g);
3. Advise the parties that it is expected that on remand, the Administrative Law Judge will
[U]pdate the medical records; (2) address Plaintiff's application for the entire period at issue; (3) if necessary, obtain medical expert testimony; (4) if necessary, obtain vocational expert testimony; (5) offer Plaintiff the opportunity for a new hearing; and (6) issue a new decision.
(Doc. 16 at 1);
4. Direct the Clerk to enter judgment accordingly, terminate any pending motions, and close the file; and
5. Advise Plaintiff that the deadline to file a motion for attorney's fees pursuant to 42 U.S.C. § 406(b) shall be thirty (30) days after Plaintiff receives notice from the Social Security Administration of the amount of past due benefits awarded. And, direct that upon receipt of the notice, counsel for Plaintiff shall promptly email Mr. Rudy and the OGC attorney who prepared the Government's brief to advise that the notice has been received.
RESPECTFULLY RECOMMENDED.
