MOCK v. BERRYHILL

Filing 18

MEMORANDUM OPINION AND ORDER - Defendant's unopposed motion to reverse and remand, ECF No. 17 , is GRANTED and the Acting Commissioner's decision denying benefits is REVERSED and this case is REMANDED to the Acting Com missioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with this Memorandum Opinion and Order. The clerk is directed to enter JUDGMENT for Plaintiff. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 11/30/2017. (tdl)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
HELEN M. MOCK,
Plaintiff,
vs.

Case No. 4:17cv247-CAS

NANCY A. BERRYHILL, Acting
Commissioner of Social
Security,
Defendant.
_____________________________/
MEMORANDUM OPINION AND ORDER
This action was initiated under the Social Security Act to obtain
judicial review of Defendant=s final decision denying Plaintiff=s claim for
disability benefits. ECF No. 1. On November 29, 2017, Defendant filed
an unopposed motion to reverse and remand this case pursuant to
sentence four of Title 42 U.S.C. ' 405(g), ECF No.17. See Shalala v.
Schaefer, 509 U.S. 292 (1993).
Sentence four of section 405(g) states that A[t]he court shall have
power to enter, upon the pleadings and transcript of the record, a judgment

Case No. 4:17cv247-CAS

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affirming, modifying, or reversing the decision of the Commissioner of
Social Security, with or without remanding the cause for a rehearing.@
42 U.S.C. ' 405(g). The Acting Commissioner states that should the
Appeals Council remand the matter to an Administrative Law Judge (ALJ),
upon remand,
the ALJ will conduct further proceedings and develop the
administrative record as necessary to determine whether Plaintiff is
disabled within the meaning of the Social Security Act, including
offering Plaintiff a new hearing, and issuing a new decision. The ALJ
will reevaluate Plaintiff’s residual functional capacity, evaluate all
opinions in accordance with the regulations, and, if necessary, obtain
vocational expert testimony to clarify the effects of the assessed
limitations on Plaintiff’s ability to perform work.
ECF No. 17 at 2. This court concludes that good cause has been shown
for this case to be reversed and remanded to the Acting Commissioner for
further proceedings.
Accordingly, it is ORDERED:
Defendant’s unopposed motion to reverse and remand, ECF No. 17,
is GRANTED and the Acting Commissioner=s decision denying benefits is
REVERSED and this case is REMANDED to the Acting Commissioner of
Social Security pursuant to sentence four of 42 U.S.C. ' 405(g) for further

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proceedings consistent with this Memorandum Opinion and Order. The
clerk is directed to enter JUDGMENT for Plaintiff.
IN CHAMBERS at Tallahassee, Florida, this November 30, 2017.
/s/ Charles A. Stampelos
CHARLES A. STAMPELOS
UNITED STATES MAGISTRATE JUDGE

Case No. 4:17cv247-CAS