Palma v. Colvin

Filing 17

ORDER granting 16 Defendan's 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. 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 1/26/16. (Cates, S)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
GARY P. PALMA,
Plaintiff,
v.

No. 3:15-cv-1632(WIG)

CAROLYN COLVIN,
Acting Commissioner of
Social Security,
Defendant.
_____________________________________X
ORDER GRANTING DEFENDANT’S MOTION FOR ENTRY
OF JUDGMENT WITH REVERSAL AND REMAND [DOC. # 16]
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 Plaintiff’s counsel, Joanne G. Gibau, Esq., consents to the relief
sought in the 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 that further development of the record and
additional administrative action is warranted. Upon remand, Plaintiff will be given an opportunity
for a new hearing and to submit additional evidence in accordance with 20 C.F.R. §§ 405.331 and

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405.350. Further, the ALJ will reassess Plaintiff’s maximum residual functional capacity, and in so
doing, reevaluate the medical and other opinions of record. If appropriate, the ALJ will also obtain
vocational expert testimony to determine whether Plaintiff can perform past relevant work and/or
make an adjustment to other work that exists in significant numbers. The ALJ will then issue a new

decision. In the alternative, the ALJ may issue a fully favorable decision on the record, or, if
Plaintiff consents, the ALJ may issue a partially favorable decision on the record.

Accordingly, Defendant’s 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. # 16] is granted.
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 26th day of January, 2016, at Bridgeport, Connecticut.
/s/ William I. Garfinkel
WILLIAM I. GARFINKEL
United States Magistrate Judge

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