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VEINOTT v. BERRYHILL, 5:17cv216-CAS. (2018)

Court: District Court, N.D. Florida Number: infdco20180124b33 Visitors: 8
Filed: Jan. 22, 2018
Latest Update: Jan. 22, 2018
Summary: MEMORANDUM OPINION AND ORDER CHARLES A. STAMPELOS , Magistrate Judge . This action was initiated under the Social Security Act to obtain judicial review of Defendant's final decision denying Plaintiff's claim for disability benefits. ECF No. 1. On January 22, 2018, Defendant filed an unopposed motion to reverse and remand this case pursuant to sentence four of Title 42 U.S.C. 405(g), ECF No.17. See Shalala v. Schaefer , 509 U.S. 292 (1993). Sentence four of section 405(g) states th
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MEMORANDUM OPINION AND ORDER

This action was initiated under the Social Security Act to obtain judicial review of Defendant's final decision denying Plaintiff's claim for disability benefits. ECF No. 1. On January 22, 2018, Defendant filed an unopposed motion to reverse and remand this case pursuant to sentence four of Title 42 U.S.C. § 405(g), ECF No.17. See Shalala v. Schaefer, 509 U.S. 292 (1993).

Sentence four of section 405(g) states that "[t]he 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."

42 U.S.C. § 405(g). The Acting Commissioner states:

The Commissioner requests that the court remand this case to the agency for further consideration and administrative action. Upon remand, the agency will reconsider Plaintiff's residual functional capacity (RFC), including her mental limitations, and, if necessary, obtain vocational expert testimony to determine the extent to which her impairments impact her ability to perform past relevant work or other work in the national economy.

ECF No. 17 at 2. This court concludes that good cause has been shown for this case to be reversed and remanded to the Acting Commissioner for further proceedings.

Accordingly, it is ORDERED:

Defendant's unopposed motion to reverse and remand, ECF No. 17, is GRANTED and the Acting Commissioner's decision denying benefits is REVERSED and this case is REMANDED to the Acting Commissioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with this Memorandum Opinion and Order. The clerk is directed to enter JUDGMENT for Plaintiff.

DONE AND ORDERED.

Source:  Leagle

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