Gundy v. Commissioner of Social Security

Filing 21

ORDER granting 20 the Defendant, Commissioner of Social Security's Unopposed Motion for Entry of Judgment with Remand. The decision of the Commissioner is REVERSED and the case is REMANDED to the Commissioner of Social Security pursuant to 42 U.S.C. § 405(g) sentence four. Upon remand the Commissioner shall update the medical evidence, including requesting evidence from a medical expert in orthopedics, if warranted and available, further consider the Plaintiff's residual func tional capacity through the period at issue, reevaluate the conclusion at step four of the sequential evaluation process regarding the ability to perform past relevant work, and if necessary, obtain evidence form a vocational expert to clarify the ef fects of the assessed limitations on the occupational base. The ALJ will then enter a new decision. The Clerk of the Court will enter judgment accordingly, terminate any pending motions and close the file. Signed by Judge Sheri Polster Chappell on 10/20/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MICHELINA GUNDY,
Plaintiff,
v.

Case No: 2:14-cv-216-FtM-38CM

COMMISSIONER
SECURITY,

OF

SOCIAL

Defendant.
/
ORDER1
This matter comes before the Court on the Defendant, Commissioner of Social
Security's Unopposed Motion for Entry of Judgment with Remand (Doc. #20) filed on
October 17, 2014. The Commissioner moves the Court to remand the instant case
pursuant to 42 U.S.C. § 405(g) sentence four for an Administrative Law Judge (ALJ) to
reevaluate the conclusion at step four of the sequential evaluation process regarding the
ability of the Plaintiff to perform past relevant work, and if necessary to obtain evidence
from a vocational expert. The Plaintiff does not oppose the request to remand.
Because good cause has been shown to remand this case and the motion is
unopposed, the case will be remanded to the Commissioner for further evaluation by an
ALJ.

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Accordingly, it is now
ORDERED:
The Defendant, Commissioner of Social Security's Unopposed Motion for Entry of
Judgment with Remand (Doc. #20) is GRANTED.
(1) The decision of the Commissioner is REVERSED and the case is REMANDED
to the Commissioner of Social Security pursuant to 42 U.S.C. § 405(g)
sentence four.
(2) Upon remand the Commissioner shall update the medical evidence, including
requesting evidence from a medical expert in orthopedics, if warranted and
available, further consider the Plaintiff’s residual functional capacity through the
period at issue, reevaluate the conclusion at step four of the sequential
evaluation process regarding the ability to perform past relevant work, and if
necessary, obtain evidence form a vocational expert to clarify the effects of the
assessed limitations on the occupational base. The ALJ will then enter a new
decision.
(3) The Clerk of the Court will enter judgment accordingly, terminate any pending
motions and close the file.
DONE and ORDERED in Fort Myers, Florida this 20th day of October, 2014.

Copies: All Parties of Record

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