Lashley v. Commissioner of Social Security
ORDER granting 18 Defendant's Unopposed Motion for Entry of Judgment with Remand; Clerk to enter judgment reversing and remanding the matter and thereafter close the file. Signed by Magistrate Judge James Klindt on 11/17/2022. (KAW)
Case 8:22-cv-01187-JRK Document 19 Filed 11/17/22 Page 1 of 2 PageID 670
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
BRENDA SUE LASHLEY,
Case No. 8:22-cv-1187-JRK
Acting Commissioner of Social
This cause is before the Court on Defendant’s Unopposed Motion for
Entry of Judgment with Remand (Doc. No. 18; “Motion”), filed November 15,
2022, that seeks to have this matter reversed and remanded to the Social
Security Administration for further administrative proceedings. Motion at 1-2.
Plaintiff has no objection to the Motion, see id. at 1, and such a disposition is
clearly within the Court’s authority, see Shalala v. Schaefer, 509 U.S. 292
(1993). Accordingly, it is
Defendant’s Unopposed Motion for Entry of Judgment with
Remand (Doc. No. 18) is GRANTED.
The parties consented to the exercise of jurisdiction by a United States
Magistrate Judge. See Notice, Consent, and Reference of a Civil Action to a Magistrate Judge
(Doc. No. 11), filed August 22, 2022; Reference Order (Doc. No. 14), entered August 22, 2022.
Case 8:22-cv-01187-JRK Document 19 Filed 11/17/22 Page 2 of 2 PageID 671
The Clerk of Court is directed to enter judgment REVERSING
AND REMANDING this case pursuant to sentence four of 42 U.S.C. § 405(g)
with the following instructions:
On remand, the Administrative Law Judge will give
further consideration to the opinion evidence from
physician Jonas Santos, M.D.; give further
consideration to Plaintiff’s maximum residual
functional capacity; and obtain supplemental evidence
from a vocational expert. In doing so, the
Administrative Law Judge will offer Plaintiff an
opportunity for a hearing; take further action to
complete the administrative record; and issue a new
The Clerk is further directed to close the file.
In the event benefits are awarded on remand, Plaintiff’s counsel
shall ensure that any § 406(b) fee application be filed within the parameters set
forth by the Standing Order on Management of Social Security Cases entered
on December 7, 2021 in Case No. 3:21-mc-001-TJC (Doc. No. 43, ¶¶ 6, 8).
DONE AND ORDERED in Jacksonville, Florida on November 17, 2022.
Counsel of Record
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