Havard v. Commissioner of Social Security

Filing 18

ORDER granting 17 Motion to Remand. The Clerk of Court is directed to enter judgment in favor of the plaintiff and close the file. Signed by Magistrate Judge Amanda Arnold Sansone on 6/4/2024. (BEE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
SHERRY LYNN HAVARD,
Plaintiff,
v.

Case No.: 8:24-cv-00365-AAS

MARTIN O’MALLEY,
Commissioner of Social Security
Administration,
Defendant.
_____________________________________/
ORDER
The Commissioner of Social Security (Commissioner) moves to remand
this case for further action under sentence four of 42 U.S.C. § 405(g). (Doc. 17).
This request is unopposed. (Id. at p. 2).
Section 405(g) of the Social Security Act provides “[t]he Court shall have
power to enter, upon the pleadings and transcript of the record, a judgment
affirming, modifying, or reversing the decision of the [Commissioner], with or
without remanding the cause for a rehearing.” See Shalala v. Schaefer, 509
U.S. 292 (1993). On remand, the Appeals Council will consider whether the
severity of Ms. Havard’s lung cancer meets or equals Listing 13.14A, further
evaluate the opinion from Cindy Horrell, A.P.R.N., take any further action
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needed to complete the administrative record, and issue a new decision.
Accordingly, the Commissioner’s unopposed motion for entry of
judgment with remand (Doc. 17) is GRANTED. The Clerk of Court is
DIRECTED to enter judgment in favor of the plaintiff and close the file.
ENTERED in Tampa, Florida on June 4, 2024.

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