Oakley v. Commissioner of Social Security
ORDER granting 20 Motion to Remand. The Clerk is directed to enter judgment accordingly, terminate any pending motions, and close the file. Signed by Magistrate Judge Philip R. Lammens on 11/12/2013. (JWM)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
Case No: 5:13-cv-186-Oc-PRL
COMMISSIONER OF SOCIAL
In this Social Security case, the parties have consented to have a United States
magistrate judge conduct all proceedings in this case including trial, the entry of final
judgment, and all post-trial proceedings (Doc. 17), and the case has been referred to the
undersigned in accordance with 28 U.S.C. § 636(c). The Commissioner has filed an
unopposed Motion for Entry of Judgment with Remand (Doc. 20), requesting that this
Court remand the case to the Commissioner for further administrative proceedings
under sentence four of 42 U.S.C. § 405(g).
Pursuant to 42 U.S.C. § 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).
Accordingly, upon due consideration, this action is reversed and remanded
under sentence four of 42 U.S.C. § 405(g) to the Commissioner for further
administrative proceedings, as follows:
An Administrative Law Judge will re-evaluate Plaintiff’s mental
impairments; reconsider Plaintiff’s residual functional capacity, and
in doing so, further evaluate the opinion evidence from the nontreating and non-examining sources; obtain supplemental vocational
expert testimony to determine if there are a significant number of
jobs in the national economy that Plaintiff can perform; and give
Plaintiff an opportunity for a hearing.
The Clerk is directed to enter judgment accordingly, terminate any
pending motions, and close the file.
DONE and ORDERED in Ocala, Florida on November 12, 2013.
Counsel of Record
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