DeCava v. Colvin

Filing 18

ORDER As set forth in the attached Ruling, the Court GRANTS 17 the Defendant's Consent Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. § 405(g) with Reversal and Remand of the Cause to the Defendant. Additionally, Plaintif f's Motion to Reverse/Remand 16 is GRANTED to the extent set forth in this Ruling. This is not a Recommended Ruling. The parties have consented to the Magistrate Judge's entering a final order in this case without the need for entry of a recommended ruling and review by a District Judge. See Fed. R. Civ. P. 73(b). The Clerk is directed to enter a separate judgment in favor of Plaintiff in this matter under Rule 58(a), Fed. R. Civ. P., to remand this cause to the Commissioner for further administrative proceedings in accordance with this Order, and to close this case. Signed by Judge William I. Garfinkel on 1/30/15. (Fucci, S)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
ERIC T. DeCAVA,

:

Plaintiff,

:

vs.

:

CAROLYN W. COLVIN,
Acting Commissioner,
Social Security Administration,

:

No. 3:14cv1053(WIG)

:

Defendant.
:
---------------------------------------------------------------X

ORDER GRANTING DEFENDANT’S CONSENT MOTION FOR ENTRY OF
JUDGMENT WITH REVERSAL AND REMAND [DOC. # 17]
Defendant, Carolyn W. Colvin, Acting Commissioner of the Social Security
Administration, has moved this Court to enter judgment under sentence four of 42 U.S.C. §
405(g), with a reversal and remand of this cause to the Commissioner for further action. Counsel
for Defendant represents that he has contacted Plaintiff’s counsel, Ivan M. Katz, Esq., who
consents to the relief sought in this motion.
Under sentence four of 42 U.S.C. § 405(g), the Court has the power to enter a judgment
with a reversal and remand of the cause to the Commissioner for further proceedings. See
Shalala v. Schaefer, 509 U.S. 292, 297 (1993); Melkonyan v. Sullivan, 501 U.S. 89, 98 (1991).
Remand for further development of the record is appropriate when gaps exist in the
administrative record or when the administrative law judge (“ALJ”) committed legal error. See
Parker v. Harris, 626 F.2d 225, 235 (2d Cir. 1980).
Here, the Commissioner has determined, and Plaintiff’s counsel concurs, that remand of
this case is necessary for further development of the record and additional administrative

1

proceedings. Upon remand, the Social Security Administration Appeals Council will remand
this case to an administrative law judge (“ALJ”), who will give Plaintiff the opportunity for a
new hearing and to submit additional evidence. The ALJ will reassess Plaintiff’s maximum
residual functional capacity and provide appropriate rationale with specific references to
evidence of record in support of the assessed limitations. The ALJ will, additionally, ensure that
the residual functional capacity assessment includes limitations corresponding to Plaintiff’s
severe and non-severe impairments. Further, the ALJ will evaluate Plaintiff’s subjective
complaints and provide rationale in accordance with 20 C.F.R. § 404.1529 and SSR 96-7p.
Finally, the ALJ will obtain vocational expert testimony to clarify the effect of the assessed
limitations on Plaintiff’s occupational base.
Accordingly, the Court hereby GRANTS the Defendant’s Consent Motion for Entry of
Judgment Under Sentence Four of 42 U.S.C. § 405(g) with Reversal and Remand of the Cause to
the Defendant [Doc. # 17]. Additionally, Plaintiff’s Motion to Reverse/Remand [Doc. # 16] is
GRANTED to the extent set forth in this Ruling.
This is not a Recommended Ruling. The parties have consented to the Magistrate
Judge’s entering a final order in this case without the need for entry of a recommended ruling
and review by a District Judge. See Fed. R. Civ. P. 73(b). The Clerk is directed to enter a
separate judgment in favor of Plaintiff in this matter under Rule 58(a), Fed. R. Civ. P., to remand
this cause to the Commissioner for further administrative proceedings in accordance with this
Order, and to close this case.
It is SO ORDERED, this

30th

day of January, 2015, at Bridgeport, Connecticut.
/s/ William I. Garfinkel_____
WILLIAM I. GARFINKEL
United States Magistrate Judge

2