Colon v. Commissioner of Social Security

Filing 27

ORDER granting 23 Commissioner's Opposed Motion for Entry of Judgment Under Sentence Four of 42 USC § 405(g) with Reversal and Remand to Defendant. The decision of the Commissioner is REVERSED and this action is REMANDED for further proceedings. See Order for details. The Clerk is directed to enter judgment accordingly and close the file.Signed by Magistrate Judge Carol Mirando on 1/18/2017. (LS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
NEFTHALI COLON,
Plaintiff,
v.

Case No: 6:16-cv-814-Orl-CM

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
ORDER
This matter comes before the Court upon review of the Commissioner’s
Opposed Motion for Entry of Judgment Under Sentence Four of 42 USC § 405(g) with
Reversal and Remand to Defendant (Doc. 23) filed on December 7, 2016. Defendant
requests that the Court remand this case to the Commissioner for further
administrative proceedings for the following reasons:
Upon remand, the Agency will reconsider and determine the weight
appropriate to a treating physician’s opinion and reevaluate Plaintiff’s
impairments as [sic] step 2 of the sequential evaluation process.
Doc. 24 at 1. Although Plaintiff does not oppose the Court remanding the case to the
Commissioner nor the substantive reasons and directions proposed by Defendant,
Plaintiff seeks a de novo hearing upon remand. Doc. 24 at 2. Plaintiff “makes this
request in the interest of justice” and states that without that mandate, he could be
deprived of another hearing at which he can provide updated evidence.
Plaintiff, however, offers no legal authority in support of her request.

Id.

Pursuant to 42 USC § 405(g), the Court may reverse the decision of the
Commissioner with or without remanding the case for a rehearing. Defendant offers
several rationales why the Court should not remand the case for rehearing. Doc. 26.
Upon due consideration, Defendant’s motion will be granted.
ACCORDINGLY, it is hereby
ORDERED:
1.

Opposed Motion for Entry of Judgment Under Sentence Four of 42 USC

405(g) with Reversal and Remand to Defendant (Doc. 23) is GRANTED;
2.

The decision of the Commissioner is REVERSED and this action is

REMANDED under sentence four of 42 U.S.C. § 405(g) to the Commissioner for the
Commissioner to:
a.

Reconsider and determine the weight appropriate to a treating
physician’s opinion and reevaluate Plaintiff’s impairments at step two
of the sequential evaluation process.

3.

The Clerk shall enter judgment accordingly and close the file.

DONE and ORDERED in Fort Myers, Florida on this 18th day of January,
2017.

Copies:
Counsel of record

-2-