Stewart v. Commissioner of Social Security

Filing 24

ORDER granting 23 the Commissioner of Social Security, Carolyn W. Colvin's Motion for Entry of Judgment with Remand. Signed by Judge Sheri Polster Chappell on 4/21/2015. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ANTHONY STEWART,
Plaintiff,
v.

Case No: 2:14-cv-545-FtM-38CM

COMMISSIONER
SECURITY,

OF

SOCIAL

Defendant.
/
ORDER1
This matter comes before the Court on the Commissioner of Social Security,
Carolyn W. Colvin's Motion for Entry of Judgment with Remand (Doc. #23) filed on April
20, 2015. The Motion for Remand is unopposed. In view of the Commissioner’s position,
the Motion for Remand is granted. The case is remanded pursuant to sentence four (4)
of 42 U.S.C. § 405(g) and § 1383(c)(3) to the Commissioner of Social Security for further
action as delineated below.
Accordingly, it is now
ORDERED:
The Commissioner of Social Security, Carolyn W. Colvin's Motion for Entry of
Judgment with Remand (Doc. #23) is GRANTED.

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1. The case is REMANDED to the Commissioner of Social Security.
2. Upon remand, the Appeals Council will instruct the Administrative Law Judge (ALJ)
to provide Plaintiff with an opportunity to submit additional evidence, to further
evaluate the medical opinion evidence and to reassess Plaintiff’s residual
functional capacity (RFC). The ALJ will give Plaintiff the opportunity for a hearing
and obtain supplemental evidence from a vocational expert to clarify the assessed
limitations on the occupational base, as needed, and take any other action deemed
necessary.
3. The Clerk of the Court is directed to enter judgment accordingly, terminate all
pending motions, and close the file.
DONE and ORDERED in Fort Myers, Florida this 21st day of April, 2015.

Copies: All Parties of Record

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