Ramos-Morales v. Commissioner of Social Security

Filing 29

OPINION AND ORDER re 1 SOCIAL SECURITY COMPLAINT, filed by Yolanda Ramos-Morales. Signed by US Magistrate Judge Camille L. Velez-Rive on 2/26/13.(ljt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
YOLANDA RAMOS-MORALES,
Plaintiff,
v.
CIVIL NO. 11-2082 (CVR)
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

OPINION AND ORDER
Plaintiff Yolanda Ramos Morales (hereafter plaintiff “Ramos-Morales”) filed the
present action to obtain judicial review of the final decision of the defendant, the
Commissioner of Social Security (hereafter “Commissioner”), denying the application for
entitlement to a period of disability and ensuing benefits. (Docket No. 1).
On June 27, 2011, the Commissioner answered the Complaint with copy of the
administrative record. (Docket Nos. 13 and 14). Plaintiff Ramos-Morales, through her
counsel, Atty. Salvador Medina de la Cruz, filed the corresponding memorandum of law on
October 26, 2012. (Docket No. 21). The Court granted extensions of time to file the
defendant’s memorandum.
On February 22, 2013, the Commissioner requested entry of Judgment with reversal
and the case to be remanded for good cause and further action by the Commissioner. The
Commissioner submits it is seeking remand to update the treatment record, if necessary,
obtain medical evidence from a medical expert to clarify issues and further consider
plaintiff’s functional capacity. The Commissioner recognizes the administrative decision
does not contain the required analysis as to some of the medical opinions of record and

Yolanda Ramos-Morales v. Commissioner of Social Security
Civil No. 11-2082 (CVR)
Opinion and Order
Page No. 2

there is conflicting evidence that needs to be assessed. As such, the Commissioner requests
remand, rather than an award of benefits, so as to conduct further administrative
proceedings. (Docket No. 28).
The request by the Commissioner is considered good cause for remand as per joint
conference committee in the Social Security Disability Amendment of 1980. H.R. Rep. No.
96-944, 96th Cong., 2d Sess. 59 (1980).1
For the reasons above discussed, this United States Magistrate Judge orders
judgment be entered remanding the case to the Commissioner of Social Security.
CONCLUSION
In view of the foregoing, this case is remanded to the Commissioner for further
administrative action.
Judgment is to be entered accordingly.
In San Juan, Puerto Rico, on this 26th day of February of 2013.
S/CAMILLE L. VELEZ-RIVE
CAMILLE L. VELEZ RIVE
UNITED STATES MAGISTRATE

1

JUDGE

See Melkonyan v. Sullivan, 501 U.S. 89, 100 n.2, 111 S.Ct. 2157, 2164 n.2 (1991); Shalala v. Schaefer, 509 U.S.
292, 113 S.Ct. 2625, 2629 n.2 (1993).