Clontz v. Commissioner of Social Security

Filing 19

ORDER granting 18 Motion to Remand. Signed by Magistrate Judge Philip R. Lammens on 11/19/2014. (JWM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
SHANE T. CLONTZ,
Plaintiff,
v.

Case No: 5:14-cv-210-Oc-PRL

COMMISSIONER OF SOCIAL
SECURITY
Defendant.

ORDER
This Social Security case, in which the parties have consented to the jurisdiction of the
undersigned (Doc. 13), is before the undersigned on Defendant’s 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. 18). Defendant states that Plaintiff
has no objection to the Motion to Remand.
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). 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. 18) is GRANTED; and
(2) This action is REVERSED AND REMANDED pursuant to sentence
four of 42 U.S.C. § 405(g) to the Commissioner for the following reasons:
The ALJ is directed to conduct further administrative proceedings
in order to provide rationale to explain claimant’s established onset
date; and, if warranted, obtain medical expert testimony to evaluate
the record and establish when the claimant became disabled.
Because this claim has twice been adjudicated by the same ALJ, a
different ALJ should adjudicate the claim upon remand.
DONE and ORDERED in Ocala, Florida on November 19, 2014.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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