Reid v. Commissioner of Social Security

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION SHARI LAVERN REID, Plaintiff, v. Case No.: 2:19-cv-747-FtM-38NPM COMMISSIONER OF SOCIAL SECURITY, Defendant. / ORDER1 Before the Court is Defendant Commissioner of Social Security’s Unopposed Motion for Entry of Judgment with Remand (Doc. 20). The Commissioner believes that a remand is appropriate to allow the administrative law judge (“ALJ”) to reassess Plaintiff Shari Reid’s claim, “including if warranted, what jobs Plaintiff can perform at step five of the sequential evaluation process.” (Doc. 20 at 1). Reid does not oppose the Motion.

Under 42 U.S.C. § 405(g), the Court has the power to enter judgment, reversing and remanding a social security case for rehearing. See also Shalala v. Schaefer, 509 U.S. 292, 296-98 (1993); Melkonyan v. Sullivan, 501 U.S. 89, 101-02 (1991). Given the parties’ representations and agreement on the matter, the Court grants the Motion and remands for further proceedings. See Morgan v. Astrue, No. 2:11-cv-615-FtM-29SPC, 2012 WL 695840, at *1 (M.D. Fla. Mar. 1, 2012).

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ORDERED: 1. Defendant's Unopposed Motion for Entry of Judgment with Remand (Doc. 20) is GRANTED.

2. Defendant's decision denying benefits is REVERSED and this case is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings.

3. The Clerk is DIRECTED to enter judgment, terminate all deadlines or pending motions, and close the file.

DONE and ORDERED in Fort Myers, Florida this 28th day of May, 2020.

UNITED STATES DISTRICT JUDGE Copies: All Parties of Record