Adams v. Commissioner of Social Security

Filing 19

ORDER granting 18 Defendant's Unopposed Motion for Entry of Judgment with Remand. Signed by Magistrate Judge Philip R. Lammens on 9/17/2012. (JLS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
RANDAL WAYNE ADAMS,
Plaintiff,
v.

Case No: 5:12-CV-84-Oc-PRL

COMMISSIONER OF SOCIAL
SECURITY
Defendant.
___________________________________/
ORDER
Pending before the Court is Defendant’s Unopposed Motion for Entry of
Judgment with Remand. (Doc. 18.) Defendant represents that Plaintiff has no objection
to the remand. For the reasons that follow, Defendant’s Motion is GRANTED.
Defendant (the “Commissioner”) filed the instant Motion (Doc. 18) requesting that
the Court remand this case to the Commissioner for the following reasons:
The Commissioner believes remand would be appropriate to further
evaluate Plaintiff’s claim.
On remand, Plaintiff shall be given an
opportunity to testify at a hearing and present additional evidence deemed
relevant. The ALJ should account for limitations caused by Plaintiff’s
depression in the residual functional capacity finding and hypothetical
question to the VE. The ALJ should discuss the medical and non-medical
evidence relating to Plaintiff’s deficiencies or difficulties in concentration,
persistence or pace. Finally, the ALJ should properly account for any
limitations in Plaintiff’s concentration, persistence and pace in the residual
functional capacity finding and hypothetical question to the VE.
Pursuant to Title 42, United States Code, Section 405(g), the Court is
empowered to reverse the decision of the Commissioner with or without remanding the
cause for a rehearing. Shalala v. Schaefer, 113 S.Ct. 2625 (1993). The failure of the
ALJ to develop the record constitutes sufficient grounds for remand. Brisette v. Heckler,

730 F.2d 548 (8th Cir. 1984), appeal after remand 613 F. Supp. 722 (E.D. Mo. 1985),
judgment aff’d in part, rev’d in part, 784 F.2d 864 (8th Cir. 1986). Where the district
court cannot discern the basis for the Commissioner’s decision, a sentence-four remand
may be appropriate to allow him to explain the basis for his decision. Falcon v. Heckler,
732 F.2d 827, 829-30 (11th Cir. 1984) (holding remand was appropriate to allow the
ALJ to explain the basis for the determination that the claimant’s depression did not
significantly affect her ability to work and treating psychologist acknowledged that
claimant had improved in response to treatment and could work in a supportive,
noncompetitive, tailor-made work environment). On remand under sentence four, the
ALJ should review the case on a complete record, including any new material evidence.
Diorio v. Heckler, 721 F.2d 726, 729 (11th Cir. 1983) (finding that it was necessary for
the ALJ on remand to consider psychiatric report tendered to Appeals Council); Reeves
v. Heckler, 734 F.2d 519, 522 n. 1 (11th Cir. 1984) (holding that the ALJ should
consider on remand the need for an orthopedic evaluation).
Following a careful review of the record and in light of Plaintiff’s consent, the
Court agrees with the parties that it is appropriate to remand this matter to the
Commissioner. Accordingly, it is ORDERED AND ADJUDGED that:
(1) Defendant’s Motion (Doc. 18) is GRANTED.
(2) This action is REVERSED AND REMANDED pursuant to sentence four of 42
U.S.C. § 405(g)1 to the Commissioner for the following reason:
The Commissioner believes remand would be appropriate to further
evaluate Plaintiff’s claim.
On remand, Plaintiff shall be given an
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Remand pursuant to sentence four of § 405(g) makes Plaintiff a prevailing party for
purposes of the Equal Access to Justice Act, 28 U.S.C. § 2412, and terminates the
Court’s jurisdiction over this matter. Shalala v. Schaefer, 113 S.Ct. 2625 (1993).
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opportunity to testify at a hearing and present additional evidence deemed
relevant. The ALJ should account for limitations caused by Plaintiff’s
depression in the residual functional capacity finding and hypothetical
question to the VE. The ALJ should discuss the medical and non-medical
evidence relating to Plaintiff’s deficiencies or difficulties in concentration,
persistence or pace. Finally, the ALJ should properly account for any
limitations in Plaintiff’s concentration, persistence and pace in the residual
functional capacity finding and hypothetical question to the VE.
(3) The Clerk is DIRECTED to enter judgment accordingly, terminate any
pending motions, and close the file.
(4) The deadline to file a motion for attorney’s fees pursuant to 42 U.S.C.
§ 406(b) shall be thirty (30) days after Plaintiff receives notice from the Social
Security Administration of the amount of past due benefits awarded.

Upon

receipt of the notice, counsel for Plaintiff shall promptly email Mr. Rudy and the
OGC attorney assigned to the case to advise that the notice has been received.
IT IS SO ORDERED.
DONE and ORDERED in Ocala, Florida on September 17, 2012.

Copies furnished to:
All Counsel

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