Girling v. Commissioner of Social Security

Filing 26

ORDER granting 25 Unopposed Motion for Entry of Judgment with Remand. The decision of the Commissioner is REVERSED and this action is REMANDED under sentence four of 42 U.S.C. § 405(g). The Clerk shall enter judgment accordingly and close the file. Signed by Magistrate Judge Carol Mirando on 10/3/2016. (LS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
STEVEN GIRLING,
Plaintiff,
v.

Case No: 2:16-cv-38-FtM-CM

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
ORDER
This matter comes before the Court upon review of the Unopposed Motion for
Entry of Judgment with Remand (Doc. 25) filed on September 30, 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.

Defendant’s Unopposed Motion for Entry of Judgment with Remand

(Doc. 25) filed on September 30, 2016 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. Update the medical evidence;
b. Further consider and weigh the opinions of Plaintiff’s treating
physicians;

c. Reassess Plaintiff’s residual functional capacity;
d. If warranted, obtain evidence from a vocational expert.
2. The Clerk shall enter judgment accordingly and close the file.
DONE and ORDERED in Fort Myers, Florida on this 3rd day of October, 2016.

Copies:
Counsel of record

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