Roman Santiago v. Commissioner of Social Security

Filing 17

ORDER granting (Doc. 14) Motion to Remand. This action is REVERSED AND REMANDED pursuant to sentence four of 42 U.S.C. § 405(g). The Clerk is directed to enter judgment accordingly and close the file. Signed by Magistrate Judge Philip R. Lammens on 1/18/2023. (EE)

Case 5:22-cv-00439-PRL Document 17 Filed 01/18/23 Page 1 of 2 PageID 499

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
ZAIRA IVETTE ROMAN SANTIAGO,
Plaintiff,
v.

Case No: 5:22-cv-439- PRL

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
ORDER
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. 14). 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 ALJ on remand to consider
psychiatric report tendered to Appeals Council); Reeves v. Heckler, 734 F.2d 519, 522 n.1 (11th

Case 5:22-cv-00439-PRL Document 17 Filed 01/18/23 Page 2 of 2 PageID 500

Cir. 1984) (holding that the ALJ should consider on remand the need for an orthopedic
evaluation).
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. 14) 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:
the Appeals Council will instruct the Administrative Law Judge
to obtain supplemental vocational evidence regarding whether
Plaintiff can perform past relevant work and, if warranted,
whether there are other jobs Plaintiff can perform in the national
economy.
(3) The Clerk is directed to enter judgment accordingly and close the file.
DONE and ORDERED in Ocala, Florida on January 18, 2023.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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