GEIGER v. SAUL
MEMORANDUM OPINION AND ORDER - Defendant's motion to remand, ECF No. 27 , is GRANTED and the Commissioner's decision denying benefits be REVERSED. This case is REMANDED to the Commissioner pursuant to sentence four of 4 2 U.S.C. § 405(g). The Clerk of Court shall enter final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. The Clerk of Court shall administratively close this file. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 10/7/2021. (ckm)
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
CASE NO. 4:20-CV-00321-MAF
KILOLO KIJAKAZI, COMMISSIONER,
SOCIAL SECURITY ADMINISTRATION,
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. Defendant filed a motion to remand pursuant to
sentence four of 42 U.S.C. § 405(g). ECF No. 27. Defendant does not certify
under N.D. Fla. Loc. R. 7.1 that Plaintiff has no objection to this motion but
presents the motion as “unopposed.” Id., p. 1.
Sentence four of section 405(g) states that “[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.” The
Page 2 of 3
Commissioner states that a remand is appropriate to enable an
administrative law judge to
further evaluate the case and issue a new administrative
decision. Upon remand, the Appeals Council will instruct
the ALJ to offer the claimant the opportunity for a hearing;
as needed, obtain evidence from a medical expert; further
evaluate the medical source opinions (in particular, the
opinion of the state agency medical consultant, Dr. Loc Kim
Le), reassess the residual functional capacity, obtain
vocational expert evidence as warranted, and issue a new
decision. On remand, the Administrative Law Judge should
apply the prior medical evidence rules.
ECF No. 27, pp. 1-2. Based upon the foregoing, this Court concludes that
good cause has been shown for remand.
Accordingly, it is ORDERED:
Defendant’s motion to remand, ECF No. 27, is GRANTED and
the Commissioner’s decision denying benefits be REVERSED.
This case is REMANDED to the Commissioner pursuant to
sentence four of 42 U.S.C. § 405(g).
Defendant shall conduct proceedings in accordance with this
Memorandum Opinion and Order.
The Clerk of Court shall enter final judgment pursuant to Rule 58
of the Federal Rules of Civil Procedure.
The Clerk of Court shall administratively close this file.
Case No. 4:19-CV-00497-WS-MAF
Page 3 of 3
IN CHAMBERS at Tallahassee, Florida, on October 7, 2021.
s/ Martin A. Fitzpatrick
MARTIN A. FITZPATRICK
UNITED STATES MAGISTRATE JUDGE
Case No. 4:19-CV-00497-WS-MAF
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