Otten v. Commissioner of Social Security
Filing
15
ORDER granting 14 Defendant's Unopposed Motion for 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 1/28/2025. (CGW)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
MATTHEW FREDERICK OTTEN,
Plaintiff,
v.
Case No.: 2:24-cv-929-KCD
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER
Before the Court is Defendant’s Unopposed Motion for Remand. (Doc.
14.) The Commissioner believes that remand is appropriate for the ALJ “to
offer Plaintiff the opportunity for a hearing, take any steps necessary to
develop 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, 10102 (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. 14) 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 January 28, 2025.
Copies: All Parties of Record
2
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