Orweller v. Commissioner of Social Security et al

Filing 20

ORDER granting 19 Unopposed Motion for Entry of Judgment with Remand. Signed by Magistrate Judge Philip R. Lammens on 5/21/2013. (AR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
MARGARET SUZANNE ORWELLER,
Plaintiff,
v.

Case No: 5:12-CV-551-Oc-PRL

COMMISSIONER OF SOCIAL
SECURITY
Defendant.

ORDER
This matter is before the Court on the Unopposed Motion for Entry of Judgment with
Remand in which Defendant requests the Court to remand this case so that the Commissioner
can take further administrative action. (Doc. 19). Plaintiff has no objection to the instant
Motion.
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. Brissette 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).
Therefore, following a careful review of the record and filings, the undersigned agrees
with the parties that it is appropriate to remand this matter to the Commissioner. Accordingly, it
is ORDERED that:
(1) Defendant’s Unopposed Motion for Entry of Judgment with Remand (Doc. 19) is
GRANTED.
(2) This action is hereby REVERSED AND REMANDED pursuant to sentence
four of 42 U.S.C. ' 405(g)1 to the Commissioner for the following reasons:
On remand, the administrative law judge (ALJ) will provide Plaintiff with an opportunity
for a new hearing, further develop the record, and issue a new decision. Specifically, the
ALJ will obtain updated treatment records, further evaluate the opinions of the medical
sources, including, but not limited to, Gobal Basisht, M.D., Brian Boyd, Ph.D., and
Thomas J. Valente, M.D., and provide rationales for either accepting or rejecting these
opinions. The ALJ will evaluate the nature and severity of Plaintiff’s impairments of
fibromyalgia and obesity, and further evaluate Plaintiff’s residual functional capacity. If
warranted, the ALJ will obtain testimony from a medical expert. The ALJ will further
evaluate Plaintiff’s past relevant work, obtain supplemental vocational expert testimony,
and provide the vocational expert with a hypothetical that is consistent with the residual
functional capacity.

1

Remand pursuant to sentence four of ' 405(g) makes the Plaintiff a prevailing party for
purposes of the Equal Access to Justice Act, 28 U.S.C. ' 2412, and terminates this Court's
jurisdiction over this matter. Shalala v. Schaefer, 509 U.S. 292, 113 S. Ct. 2625, 125 L. Ed. 2d
239 (1993).

-2-

(3) The Clerk is DIRECTED to enter jud
T
D
D
dgment acco
ordingly, term
minate any
pending motions, and close the file.
m
d
fi
DONE and ORDERED in Ocala, Flo
D
O
orida on Ma 21, 2013.
ay

Copies fu
urnished to:
Counsel of Record
Unrepres
sented Partie
es

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