Lashley v. Commissioner of Social Security

Filing 19

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)

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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 TAMPA DIVISION BRENDA SUE LASHLEY, Plaintiff, v. Case No. 8:22-cv-1187-JRK KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. / ORDER1 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 ORDERED: 1. 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. 1 Case 8:22-cv-01187-JRK Document 19 Filed 11/17/22 Page 2 of 2 PageID 671 2. 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 decision. 3. The Clerk is further directed to close the file. 4. 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. kaw Copies: Counsel of Record 2

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