Jackson v. Commissioner of Social Security
ORDER granting 24 Motion to Remand. Signed by Magistrate Judge Philip R. Lammens on 7/14/2021. (JWM)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
RACHEL JACKSON, on behalf of
D.J.D., her child
Case No: 5:20-cv-362-PRL
COMMISSIONER OF SOCIAL
This matter is before the undersigned on Defendant’s unopposed motion for entry of
judgment with remand in which Defendant requests that the Court remand this case so that
the Commissioner can take further administrative action. (Doc. 24). 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
Therefore, the undersigned agrees with the parties that it is appropriate to remand this
matter to the Commissioner. Accordingly, it is respectfully ORDERED that:
(1) Defendant’s unopposed motion for entry of judgment with remand
(Doc. 24) is GRANTED.
(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:
For the Commissioner to offer the Claimant a hearing; further
develop the record, as necessary; evaluate Claimant’s symptoms
pursuant to SSR 16-3p; and issue a decision, and to conduct any
other proceedings the Commissioner deems appropriate.
(3) The Clerk is directed to enter judgment accordingly and close the
DONE and ORDERED in Ocala, Florida on July 14, 2021.
Copies furnished to:
Counsel of Record
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