Jipson v. Commissioner of Social Security

Filing 33

ORDER granting 32 the Commissioner's Unopposed Motion for Entry of Judgment with Remand. 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 Commissioner will remand the case to the Administrative Law Judge to: (a) reassess Plaintiff's residual functional capacity and provide rationale for the assessed limitations; (b) reevaluate the medical source opinions, including the opinions of the state agency medical consultants; (c) reassess Plaintiff's credibility; (d) clarify the demands of Plaintiff's past relevant work and/or of the assessed limitations on Plaintiff's occupational base, and i f warranted, obtain vocational expert evidence; (e) if Plaintiff is found disabled, conduct the further proceedings required to determine whether drug addiction and alcoholism are contributing factors material to the determination of disability; and (f) any other proceedings the Commissioner deems appropriate. The Clerk is directed to enter Judgment accordingly and CLOSE the file. Signed by Judge Sheri Polster Chappell on 4/15/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DANIEL JIPSON,
Plaintiff,
v.

Case No: 2:13-cv-450-FtM-38DNF

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER1
This matter comes before the Court on The Commissioner's Unopposed Motion
for Entry of Judgment with Remand (Doc. #32) filed on April 14, 2014. The Commissioner
seeks a remand for further administrative proceedings. Plaintiff does not oppose the
motion.
Accordingly, it is now
ORDERED:
1. The Commissioner's Unopposed Motion for Entry of Judgment with Remand
(Doc. #32) 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:

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On remand, the Commissioner will remand the case to the Administrative
Law Judge to: (a) reassess Plaintiff’s residual functional capacity and
provide rationale for the assessed limitations; (b) reevaluate the medical
source opinions, including the opinions of the state agency medical
consultants; (c) reassess Plaintiff’s credibility; (d) clarify the demands of
Plaintiff’s past relevant work and/or of the assessed limitations on Plaintiff’s
occupational base, and if warranted, obtain vocational expert evidence; (e)
if Plaintiff is found disabled, conduct the further proceedings required to
determine whether drug addiction and alcoholism are contributing factors
material to the determination of disability; and (f) any other proceedings the
Commissioner deems appropriate.
2. The Clerk is directed to enter Judgment accordingly and CLOSE the file.
DONE and ORDERED in Fort Myers, Florida this 15th day of April, 2014.

Copies: All Parties of Record

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