Hardy v. Commissioner of Social Security
Filing
25
ORDER granting 24 Defendant's Unopposed Motion for Entry of Judgment with Remand; Clerk to enter judgment and close the file. Signed by Magistrate Judge James R. Klindt on 1/28/2025. (KAW)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
KAYLA HARDY,
Plaintiff,
v.
Case No. 8:24-cv-1364-JRK
MICHELLE KING,
Acting Commissioner of Social
Security, 1
Defendant.
/
ORDER
This cause is before the Court on Defendant’s Unopposed Motion for
Entry of Judgment with Remand (Doc. No. 24; “Motion”), filed January 27,
2025, that seeks to have this matter reversed and remanded to the Social
Security Administration for further administrative proceedings. Motion at 1.
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. 24) is GRANTED.
Michelle King became the Acting Commissioner of Social Security in
January 2025. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Ms.
King is substituted for Carolyn W. Colvin as Defendant in this suit. No further action
need be taken to continue this suit by reason of the last sentence of section 205(g) of
the Social Security Act, 42 U.S.C. § 405(g).
1
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 Appeals Council will instruct the ALJ
to further develop the record and ensure that evidence
considered at the October 2012 comparison point
decision (CPD) is added to the current record. In so
doing, compare the prior and current medical evidence
to determine whether there has been improvement in
the symptoms, signs or laboratory findings associated
with the impairments present at the time of the
claimant’s most recent favorable medical decision.
Further, the Appeals Council will direct the ALJ to
exhibit the attempts to obtain evidence predating the
CPD.
3.
The Clerk is further directed to close the file.
DONE AND ORDERED in Jacksonville, Florida on January 28, 2025.
kaw
Copies:
Counsel of Record
2
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