Shay v. Commissioner of Social Security

Filing 28

ORDER: The Commissioner's Unopposed Motion for Entry of Judgment with Remand 27 is GRANTED. The Clerk is directed to enter a Judgment reflecting that this case is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings. The Clerk is directed to CLOSE the case. Signed by Judge Virginia M. Hernandez Covington on 9/5/2014. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MARY SHAY,
Plaintiff,
v.

Case No.

8:13-cv-2324-T-33EAJ

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.
_______________________________/
ORDER
This

matter

comes

before

the

Court

pursuant

to

the

Commissioner’s Unopposed Motion for Entry of Judgment with
Remand (Doc. # 27), which was filed on September 4, 2014.

For

the reasons that follow, the Court grants the Motion.
Discussion
Mary Shay initiated this action against the Commissioner
contesting the denial of Social Security benefits on September
9, 2013. (Doc. # 1).

Prior to the completion of briefing on the

substantive

regarding

issues

the

Commissioner’s

denial

of

benefits, the Commissioner filed the present Motion explaining
that further administrative proceedings are needed.
Motion,

the

Commissioner

requests

an

Order

In the

reversing

and

remanding this action under sentence four of 42 U.S.C. § 405(g).
The Commissioner specifies that:
On remand, the Appeals Council will instruct the

Administrative Law Judge (ALJ) to do the following:
(1)
further
evaluate
Plaintiff’s
intellectual
functioning disorder, specifically considering Listing
12.05; (2) consider the evidence submitted to the
Appeals Council; and, if warranted, (3) reevaluate
Plaintiff’s residual functional capacity and obtain
supplemental evidence from a vocational expert to
clarify the effects of the assessed limitations on the
occupational base.
(Doc. # 27 at 1).
The parties agree that this case should be remanded for
further administrative action pursuant to sentence four of 42
U.S.C. § 405(g).
unopposed

Motion

Upon due consideration, the Court grants the
and

remands

this

case

for

further

administrative proceedings consistent with the foregoing.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
(1)

The Commissioner’s Unopposed Motion for Entry of Judgment
with Remand (Doc. # 27) is GRANTED.

(2)

The Clerk is directed to enter a Judgment reflecting that
this case is REVERSED and REMANDED pursuant to sentence
four of 42 U.S.C. § 405(g) for further administrative
proceedings.

(3)

The Clerk is directed to CLOSE the case.
DONE and ORDERED in Chambers, in Tampa, Florida, this 5th

day of September, 2014.

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Copies:

All Counsel of Record

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