MITCHELL v. BERRYHILL
Filing
28
MEMORANDUM OPINION AND ORDER - Defendant's motion to remand, ECF No. 27 , is GRANTED, and the Deputy Commissioner's decision denying benefits be REVERSED. This case is REMANDED to the Deputy Commissioner pursuant to sent ence four of 42 U.S.C. ' 405(g). The clerk shall enter final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. The clerk shall administratively close this file. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 5/8/2018. (tdl)
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
FANNIE B. MITCHELL,
Plaintiff,
vs.
Case No. 5:17cv157-CAS
NANCY A. BERRYHILL,
Deputy Commissioner for
Operations, performing the
duties and functions not reserved to
the Commissioner of Social
Security, 1
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.
Defendant filed a motion to remand pursuant to
sentence four of 42 U.S.C. ' 405(g). ECF No. 27. Defendant has certified
that Plaintiff has no objection to this motion. Id. at 2.
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
1
Defendant’s title has changed. See
https://www.ssa.gov/agency/commissioner.html (last viewed Apr. 18, 2018).
Case No. 5:17cv157-CAS
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 Deputy Commissioner states that remand is appropriate to
enable an Administrative Law Judge to
develop and reevaluate the duties and requirements of Plaintiff’s past
relevant composite job of supply clerk/receptionist. The ALJ will
determine whether Plaintiff’s residual functional capacity (RFC) allows
for performance of all of the duties of the past relevant composite job
of supply clerk/receptionist. If necessary, the ALJ will proceed to step
five of the sequential evaluation to determine whether there are a
significant number of other jobs existing in the national economy, which
Plaintiff can perform with her vocational factors and RFC. If the ALJ
determines it is necessary, the ALJ will call on the services of a
vocational expert witness to aid in these determinations.
ECF No. 27 at 2. Based upon the foregoing, this court concludes that good
cause has been shown for remand.
Accordingly, it is ORDERED:
1. Defendant=s motion to remand, ECF No. 27, is GRANTED, and the
Deputy Commissioner=s decision denying benefits be REVERSED.
2. This case is REMANDED to the Deputy Commissioner pursuant to
sentence four of 42 U.S.C. ' 405(g).
3.
Defendant shall conduct proceedings in accordance with this
Memorandum Opinion and Order.
Case No. 5:17cv157-CAS
4. The clerk shall enter final judgment pursuant to Rule 58 of the
Federal Rules of Civil Procedure.
5. The clerk shall administratively close this file.
IN CHAMBERS at Tallahassee, Florida, this May 8, 2018.
/s/ Charles A. Stampelos
CHARLES A. STAMPELOS
UNITED STATES MAGISTRATE JUDGE
Case No. 5:17cv157-CAS
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?