Soto v. Commissioner of Social Security

Filing 50

ORDER granting 47 Plaintiff's Motion to Compel to the extent that the Commissioner is directed to make all efforts to promptly resolve Plaintiff's claim. Signed by Magistrate Judge Philip R. Lammens on 1/9/2020. (SA)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
CARLOS H. SOTO,
Plaintiff,
v.

Case No: 5:17-cv-241-Oc-PRL

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

ORDER
On September 19, 2017, the Court remanded this action to the Commissioner, pursuant to
sentence six of 42 U.S.C. § 405(g), for further administrative action because the Commissioner
could not locate the claims file. (Doc. 25). The Court directed the Commissioner to file status
reports every three months. In the most recent status report, filed on December 12, 2019, the
Commissioner advised that the case is still with the ALJ following a new administrative hearing
in July 2019, for review, decision-making, and the issuance of writing instructions to a decision
writer. (Doc. 46).
Now, Plaintiff has filed the instant motion claiming that the remand proceedings are
stagnant and asking the Court to compel a decision from the ALJ by the end of January 2020.
(Doc. 47). Plaintiff states that he was recently diagnosed with prostate cancer and is hoping for a
positive resolution so that he can afford treatment. While the Court is disinclined to impose an
arbitrary deadline on the Commissioner, the Court is concerned by the length of time this remand
is taking—more than two years—especially since the remand was necessitated by the
Commissioner’s loss of the claims file. Accordingly, Plaintiff’s motion is GRANTED to the extent

that the Commissioner is directed to make all efforts to promptly resolve Plaintiff’s claim. In the
meantime, the Commissioner shall file a monthly status report beginning February 7, 2020,
regarding the progress of the remand process. If the ALJ has not issued a decision by the March 6,
2020 status report, the Court will likely set a date certain by which a decision must be issued.
DONE and ORDERED in Ocala, Florida on January 9, 2020.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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