Arambasich v. Commissioner of Social Security

Filing 17

ORDER granting 16 Unopposed Motion for Entry of Judgment With Remand; Clerk to enter judgment accordingly and close the file. Signed by Magistrate Judge James R. Klindt on 1/3/2025. (KAW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FT. MYERS DIVISION
MATTHEW JOHN
ARAMBASICH,
Plaintiff,
v.

Case No. 2:24-cv-681-JRK

CAROLYN W. COLVIN,
Acting Commissioner of Social
Security, 1
Defendant.

/
ORDER

This cause is before the Court on Defendant’s Unopposed Motion for
Entry of Judgment with Remand (Doc. No. 16; “Motion”), filed December 23,
2024, that seeks to have this matter reversed and remanded to the Social
Security Administration for further administrative proceedings. Motion at 1.
Such a disposition is clearly within the Court’s authority. See Shalala v.
Schaefer, 509 U.S. 292 (1993). Accordingly, it is
ORDERED:
1.

Defendant’s Unopposed Motion for Entry of Judgment with

Remand (Doc. No. 16) is GRANTED.
Carolyn W. Colvin became the Acting Commissioner of Social Security on
November 30, 2024. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn
W. Colvin is substituted as Defendant in this suit. No further action need be taken to continue
this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. §
405(g).
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2.

The Clerk of Court is directed to enter judgment REVERSING

AND REMANDING this case pursuant to sentence four of 42 U.S.C. § 405(g)
with the following instructions:
On remand, the Appeals Council will instruct the
Administrative Law Judge to reconsider the medical
opinions in a manner consistent with 20 C.F.R. §
404.1527; to reconsider Plaintiff’s residual functional
capacity; to obtain vocational expert evidence; to offer
Plaintiff the opportunity for a hearing; to take any
further action needed to complete the administrative
record; and to issue a new decision.
3.

The Clerk is further directed to close the file.

DONE AND ORDERED in Jacksonville, Florida on January 3, 2025.

kaw
Copies:
Counsel of Record

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