Thompson v. Commissioner of Social Security

Filing 21

ORDER granting 19 Unopposed 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. The Decision of the Commissioner is hereby reversed and the case is remanded under sent ence four of 42 U.S.C. § 405(g) to the Commissioner of Social Security: On remand, the Administrative Law Judge (ALJ) will update the record, further evaluate Plaintiff's residual functional capacity, and further evaluate the subjective com plaints in light of all of the evidence. The ALJ will obtain vocational expert evidence to determine whether Plaintiff can perform other works that exists in significant numbers in the national economy and ensure that the vocational expert testimony does not conflict with the Dictionary of Occupational Titles. The ALJ will then issue a new decision.The Clerk is directed to enter Judgment accordingly and CLOSE the file. Signed by Judge Sheri Polster Chappell on 11/18/2013. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
PAUL THOMPSON,
Plaintiff,
v.

Case No: 2:13-cv-232-FtM-38DNF

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER
This matter comes before the Court on Unopposed 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. #19) and Memorandum in Support (Doc. #20) filed on November
12, 2013. The Commissioner seeks a remand for further administrative proceedings.
Plaintiff does not oppose the motion.
Accordingly, it is now
ORDERED:
(1) Unopposed 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. #19)
is GRANTED. The Decision of the Commissioner is hereby reversed and the
case is remanded under sentence four of 42 U.S.C. § 405(g) to the
Commissioner of Social Security:
On remand, the Administrative Law Judge (ALJ) will update the record,
further evaluate Plaintiff’s residual functional capacity, and further evaluate
the subjective complaints in light of all of the evidence. The ALJ will obtain

vocational expert evidence to determine whether Plaintiff can perform
other works that exists in significant numbers in the national economy and
ensure that the vocational expert testimony does not conflict with the
Dictionary of Occupational Titles. The ALJ will then issue a new decision.
(2) The Clerk is directed to enter Judgment accordingly and CLOSE the file.
DONE and ORDERED in Fort Myers, Florida this 18th day of November, 2013.

Copies: All Parties of Record

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