Weist v. Commissioner of Social Security

Filing 22

ORDERED: The Commissioner's Unopposed Motion for Entry of Judgment with Remand (Doc. 21) is GRANTED. The decision denying benefits is REVERSED and this case is REMANDED under sentence four of 42 U.S.C. § 405(g) for further proceeding s. Any application for fees, costs, or expenses must comply with the Court's Standing Order on Management of Social Security Cases, In re Administrative Orders of the Chief Judge, Case No. 3:21-mc-1-TJC, Doc. 43 (Dec. 7, 2021). The Clerk is DIRECTED to enter judgment, terminate all deadlines, deny any pending motions as moot, and close the case. Signed by Judge Sheri Polster Chappell on 5/6/2022. (AEH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
SANDRA LAUREN WEIST,
Plaintiff,
v.

Case No.: 2:21-cv-768-SPC-MRM

COMMISSIONER OF SOCIAL
SECURITY and UNITED STATES
ATTORNEY,
Defendants.
/
ORDER 1
Before the Court is the Acting Commissioner of Social Security’s
Unopposed Motion for Entry of Judgment with Remand. (Doc. 21). A remand
is proper based on the following:
The Commissioner believes remand would be appropriate
to have the agency: obtain supplemental vocational to
further administrative proceedings.
Specifically, the
Administrative Law Judge (ALJ) should: (1) obtain
supplemental evidence from a vocational expert to clarify
the effect of the assessed limitation on Plaintiff’s
occupational base; (2) offer Plaintiff an opportunity for a
hearing; (3) take on any further action needed to complete
the administrative record; and (4) issue a new decision.

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(Doc. 21 at 1). Plaintiff Sandra Lauren Weist does not oppose the Motion.
Under 42 U.S.C. § 405(g), the Court has the power to enter judgment,
reversing and remanding a social security case for rehearing. See Shalala v.
Schaefer, 509 U.S. 292, 296-98 (1993); Melkonyan v. Sullivan, 501 U.S. 89, 10102 (1991). Given the parties’ representations and agreement on the matter,
the Court grants the Motion, reverses, and remands for further proceedings.
See Morgan v. Astrue, No. 2:11-cv-615-FtM-29SPC, 2012 WL 695840, at *1
(M.D. Fla. Mar. 1, 2012).
Accordingly, it is now
ORDERED:
1. The Commissioner’s Unopposed Motion for Entry of Judgment with
Remand (Doc. 21) is GRANTED.
2. The decision denying benefits is REVERSED and this case is
REMANDED under sentence four of 42 U.S.C. § 405(g) for further
proceedings.
3. Any application for fees, costs, or expenses must comply with the
Court’s Standing Order on Management of Social Security Cases, In
re Administrative Orders of the Chief Judge, Case No. 3:21-mc-1-TJC,
Doc. 43 (Dec. 7, 2021).
4. The Clerk is DIRECTED to enter judgment, terminate all deadlines,
deny any pending motions as moot, and close the case.
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DONE and ORDERED in Fort Myers, Florida on May 6, 2022.

Copies: All Parties of Record

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