Katros v. Commissioner of Social Security

Filing 19

ORDER granting 18 the Commissioner's unopposed motion for entry of judgment with remand. Signed by Magistrate Judge Philip R. Lammens on 4/21/2015. (AR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
MICHAEL N. KATROS,
Plaintiff,
v.

Case No: 5:14-cv-541-Oc-PRL

COMMISSIONER OF SOCIAL
SECURITY
Defendant.

ORDER
This matter is before the undersigned on the Commissioner’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).
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).
Upon review of the record and filings, I agree with the parties that it is appropriate to
remand this matter to the Commissioner. Accordingly, it is ORDERED:
1. The Commissioner’s Motion (Doc. 18) is GRANTED and 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:
On remand, the ALJ will further consider the record evidence concerning Plaintiff’s visual
impairment and the medical opinions of record, and evaluate Plaintiff’s maximum residual
functional capacity pursuant to the relevant legal standards, obtaining vocational expert
testimony if needed.
2. The Clerk is directed to enter judgment accordingly and close the file.
DONE and ORDERED in Ocala, Florida on April 21, 2015.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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).

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