Garverick v. Commissioner of Social Security

Filing 34

ORDER granting 33 Defendant's Unopposed Motion for Remand Under Sentence Four of 42 U.S.C. § 405(g). The decision of the Commissioner is REVERSED and this action is REMANDED for further proceedings. See Order for details. The Clerk is directed to enter judgment accordingly, and close the file. Signed by Magistrate Judge Carol Mirando on 4/22/2016. (ANW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JANINE GARVERICK,
Plaintiff,
v.

Case No: 2:15-cv-385-FtM-CM

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
ORDER
Before the Court is Defendant’s Unopposed Motion for Remand Under
Sentence Four of 42 U.S.C. § 405(g) (Doc. 33), filed on April 20, 2016. Defendant
requests that the Court remand this case to the Commissioner for further
administrative proceedings.

Plaintiff does not oppose the motion.

Pursuant to

Title 42, United States Code, Section 405(g), the Court may reverse the decision of
the Commissioner with or without remanding the case for a rehearing. Upon due
consideration, Defendant’s motion will be granted.
ACCORDINGLY, it is hereby
ORDERED:
1.

Unopposed Motion for Remand Under Sentence Four of 42 U.S.C. §

405(g) (Doc. 33) is GRANTED. The decision of the Commissioner is REVERSED and
this action is REMANDED under sentence four of 42 U.S.C. § 405(g) to the
Commissioner for the Administrative Law Judge to:

a. Further consider the claimant’s maximum residual functional
capacity with specific reference to the medical opinion evidence of
record;
b. Further evaluate the claimant’s subjective complaints;
c. If warranted, obtain evidence from a vocational expert; and
d. Take any further action necessary.
2. The Clerk shall enter judgment accordingly and close the file.
DONE and ORDERED in Fort Myers, Florida on this 22nd day of April, 2016.

Copies:
Counsel of record

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