Ebinger v. Berryhill, 8:18-cv-2162-T-AEP. (2019)
Court: District Court, M.D. Florida
Number: infdco20190419i07
Filed: Apr. 18, 2019
Latest Update: Apr. 18, 2019
Summary: ORDER ANTHONY E. PORCELLI , Magistrate Judge . This cause comes before the Court upon the Commissioner's Motion for Entry of Judgment with Remand (Doc. 19). 1 The Commissioner contends that remand is appropriate for the following reasons: On remand, the Appeals Council will instruct the administrative law judge to offer Claimant an opportunity for a new hearing, and, if the ALJ relies upon vocational expert testimony, to inquire about any possible conflicts between the vocational expert'
Summary: ORDER ANTHONY E. PORCELLI , Magistrate Judge . This cause comes before the Court upon the Commissioner's Motion for Entry of Judgment with Remand (Doc. 19). 1 The Commissioner contends that remand is appropriate for the following reasons: On remand, the Appeals Council will instruct the administrative law judge to offer Claimant an opportunity for a new hearing, and, if the ALJ relies upon vocational expert testimony, to inquire about any possible conflicts between the vocational expert's..
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ORDER
ANTHONY E. PORCELLI, Magistrate Judge.
This cause comes before the Court upon the Commissioner's Motion for Entry of Judgment with Remand (Doc. 19).1 The Commissioner contends that remand is appropriate for the following reasons:
On remand, the Appeals Council will instruct the administrative law judge to offer Claimant an opportunity for a new hearing, and, if the ALJ relies upon vocational expert testimony, to inquire about any possible conflicts between the vocational expert's testimony and information provided in the Dictionary of Occupational Titles (DOT) and resolve any apparent conflicts, including any apparent conflicts with the General Educational Development levels listed in the DOT.
(Doc. 19). Plaintiff does not object to the relief requested. Accordingly, for the reasons stated in the Commissioner's motion, it is hereby
ORDERED:
1. The Commissioner's Motion for Entry of Judgment with Remand (Doc. 19) is GRANTED.
2. The Clerk is directed to enter judgment for Plaintiff with instructions that the Commissioner's decision is REVERSED under sentence four of 42 U.S.C. § 405(g) and the case is REMANDED for further administrative proceedings consistent with the reasons stated in the Commissioner's motion.
3. The Clerk is directed to close the case.
DONE AND ORDERED.
FootNotes
1. The parties consented to proceed before the undersigned pursuant to 28 U.S.C. § 636(c) (Doc. 13).
Source: Leagle
