Guidry v. Commissioner of Social Security

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION TERESA GUIDRY, Plaintiff, v. Case No: 2:21-cv-96-SPC-MCR COMMISSIONER OF SOCIAL SECURITY, Defendant. / OPINION AND ORDER1 Before the Court is the Commissioner’s Unopposed Motion for Entry of Judgment with Remand. (Doc. 32). The Commissioner believes that remand is appropriate for the following: [T]he Administrative Law Judge (ALJ) should: 1) obtain supplemental evidence from a vocational expert and resolve any inconsistencies between the vocational evidence and the Dictionary of Occupational Titles, pursuant to Social Security Rule 00-4p; (2) offer Plaintiff the opportunity for a hearing; (3) take any other action necessary to complete the administrative record; and (4) issue a new decision. (Doc. 32 at 1). Plaintiff does not oppose the Motion.

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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, reverses, 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).

Accordingly, it is now ORDERED: (1) The Commissioner’s Unopposed Motion for Entry of Judgment with Remand. (Doc. 32) is GRANTED. (2) The 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) If Plaintiff prevails on remand, Plaintiff must comply with the Court’s November 14, 2012, standing order in Miscellaneous Case No. 6:12-mc-124-Orl-22. (4) The Clerk is DIRECTED to enter judgment, terminate all deadlines, deny all pending motions as moot, and close the file.

DONE and ORDERED in Fort Myers, Florida on October 25, 2021.

, UNITED STATES DISTRICT JUDGE Copies: All Parties of Record