Myers v. Commissioner of Social Security

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION WALTER J MYERS, JR , Plaintiff, v. Case No: 5:20-cv-2-Oc-PRL COMMISSIONER OF SOCIAL SECURITY, Defendant.

ORDER This matter is before the undersigned on Defendant’s unopposed motion for entry of judgment with remand in which Defendant requests that the Court remand this case so that the Commissioner can take further administrative action. (Doc. 22). Defendant states that Plaintiff has consented to the Motion to Remand.

Pursuant to Title 42, United States Code, Section 405(g) the Court is empowered to reverse the decision of the Commissioner with or without remanding the cause for a rehearing. Shalala v. Schaefer, 113 S. Ct. 2625 (1993). The failure of the ALJ to develop the record constitutes sufficient grounds for remand. Brissette v. Heckler, 730 F.2d 548 (8th Cir. 1984), appeal after remand 613 F. Supp. 722 (E.D. Mo. 1985), judgment aff’d in part, rev’d in part, 784 F.2d 864 (8th Cir. 1986).

On remand under sentence four, the ALJ should review the case on a complete record, including any new material evidence. Diorio v. Heckler, 721 F.2d 726, 729 (11th Cir. 1983) (finding that it was necessary for the ALJ on remand to consider psychiatric report tendered to Appeals Council); Reeves v. Heckler, 734 F.2d 519, 522 n. 1 (11th Cir. 1984) (holding that the ALJ should consider on remand the need for an orthopedic evaluation).

Therefore, the undersigned agrees with the parties that it is appropriate to remand this matter to the Commissioner. Accordingly, it is respectfully ORDERED that: (1) Defendant’s unopposed motion for entry of judgment with remand (Doc. 22) is GRANTED. (2) This action is REVERSED AND REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) to the Commissioner for the following reasons: for the administrative law judge (ALJ) to further evaluate Plaintiff’ s residual functional capacity, obtain supplemental vocational expert evidence if necessary, and issue a new decision, and to conduct any other proceedings the Commissioner deems appropriate. (3) The Clerk is directed to enter judgment accordingly and close the file.

DONE and ORDERED in Ocala, Florida on September 1, 2020.

Cas PHILIP R. LAMMENS United States Magistrate Judge Copies furnished to: Counsel of Record Unrepresented Parties -2-