Burnett v. Commissioner of Social Security

Filing 23

ORDER granting 22 Defendant's Unopposed Motion for Entry of Judgment under Sentence Four of 42 U.S.C. § 405(g) with Reversal and Remand of the Cause to the Defendant. The decision of the Commissioner is REVERSED and this action is REMANDED for further proceedings. The Clerk shall enter judgment accordingly and close the file. Signed by Magistrate Judge Carol Mirando on 1/9/2017. (HJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MYRA BURNETT,
Plaintiff,
v.

Case No: 2:16-cv-431-FtM-CM

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
ORDER
This matter comes before the Court upon review of Defendant’s Unopposed
Motion for Entry of Judgment under Sentence Four of 42 U.S.C. § 405(g) with
Reversal and Remand of the Cause to the Defendant (Doc. 22) filed on January 9,
2017.

Defendant requests that the Court remand this case to the Commissioner for

further administrative proceedings.
motion.

Doc. 22 at 1-2. Plaintiff does not oppose the

Id. at 2. 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 under Sentence

Four of 42 U.S.C. § 405(g) with Reversal and Remand of the Cause to the Defendant
(Doc. 22) 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 develop the record and issue a new decision;
b. Consider any new, updated, or additional evidence for the relevant
time period;
c. 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 9th day of January, 2017.

Copies:
Counsel of record

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