VEINOTT 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 Commi ssioner 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 1/22/18. (ckm)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITYDIVISION
DOROTHY C. VEINOTT,
Plaintiff,
vs.

Case No. 5:17cv216-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 January 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.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
affirming, modifying, or reversing the decision of the Commissioner of
Social Security, with or without remanding the cause for a rehearing.@
Case No. 5:17cv216-CAS

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42 U.S.C. ' 405(g). The Acting Commissioner states:
The Commissioner requests that the court remand this case to the
agency for further consideration and administrative action. Upon
remand, the agency will reconsider Plaintiff’s residual functional
capacity (RFC), including her mental limitations, and, if necessary,
obtain vocational expert testimony to determine the extent to which
her impairments impact her ability to perform past relevant work or
other work in the national economy.
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
proceedings consistent with this Memorandum Opinion and Order. The
clerk is directed to enter JUDGMENT for Plaintiff.
DONE AND ORDERED on January 22, 2018.
S/ Charles A. Stampelos
CHARLES A. STAMPELOS
UNITED STATES MAGISTRATE JUDGE

Case No. 5:17cv216-CAS