BRASCOM v. BERRYHILL

Filing 17

MEMORANDUM AND OPINION AND ORDER - Defendant's unopposed motion to reverse and remand, ECF No. 15 , is GRANTED and the Acting Commissioner's decision denying benefits is REVERSED and this case is REMANDED to the Acting C ommissioner 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 5/24/2018. (vkm)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
COMER BRASCOM,
Plaintiff,
vs.

Case No. 4:18cv78-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 May 22, 2018, 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.15. 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
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:

Page 2 of 2

On remand, the Appeals Council will vacate its prior order of
dismissal, consider the request for review as timely, and
evaluate the Administrative Law Judge’s decision pursuant to
Agency policies.
ECF No. 15 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. 15,
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
proceedings consistent with this Memorandum Opinion and Order. The
clerk is directed to enter JUDGMENT for Plaintiff.
IN CHAMBERS at Tallahassee, Florida, this May 24, 2018.

/s/ Charles A. Stampelos
CHARLES A. STAMPELOS
UNITED STATES MAGISTRATE JUDGE

Case No. 4:18cv78-CAS