Thomas v. Commissioner of Social Security

Filing 17

ORDER granting 16 Motion to Remand. The Commissioner's decision denying benefits is REVERSED and this case is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. The Clerk is DIRECTED to enter judgment, terminate all deadlines, deny all pending motions as moot, and close the file. Signed by Magistrate Judge Kyle C. Dudek on 11/25/2024. (CGW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
KALEB THOMAS,
Plaintiff,
v.

Case No.: 2:24-cv-689-KCD

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER
Before the Court is the Defendant’s Unopposed Motion for Remand. (Doc.
16.) The Commissioner believes that remand is appropriate for the ALJ to:
further evaluate the prior administrative medical findings pursuant to
20 CFR § 416.920c; obtain supplemental vocational expert evidence to
clarify the effect of the assessed limitations on the Plaintiff’s
occupational base; resolve any conflicts between the occupational
evidence provided by the vocational expert and the information in the
Dictionary of Occupational Titles and its companion publication, the
Selected Characteristics of Occupations; offer the claimant the
opportunity for a hearing, take any further action needed to complete
the administrative record, and issue a new decision.

(Id. at 1.)
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, 101-

02 (1991). The Commissioner’s request for remand is appropriate, and given
Plaintiff’s consent, it will be granted.
Accordingly, it is now ORDERED:
1.

Defendant’s Unopposed Motion for Remand (Doc. 16) is

GRANTED.
2.

The Commissioner’s decision denying benefits is REVERSED and

this case is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for
further proceedings.
3.

The Clerk is DIRECTED to enter judgment, terminate all

deadlines, deny all pending motions as moot, and close the file.
ENTERED in Fort Myers, Florida on November 25, 2024.

Copies: All Parties of Record

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