Heisler v. Commissioner of Social Security

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION JOSHUA CALEB HEISLER, Plaintiff, v. Case No.: 2:21-cv-107-SPC-NPM COMMISSIONER OF SOCIAL SECURITY, Defendant.

/ ORDER1 Before the Court is the Commissioner’s Unopposed Motion for Entry of Judgment with Remand. (Doc. 23). The Commissioner believes that remand is appropriate to accomplish the following: The Appeals Council will remand the case for a new hearing before a different administrative law judge (ALJ) and will instruct the ALJ to: (1) further consider Plaintiff’s maximum residual functional capacity; (2) if warranted, obtain additional vocational expert evidence; (3) take any further action needed to complete the administrative record; and (4) issue a new hearing decision. (Doc. 23 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); 42 U.S.C. § 1383(c)(3) (prescribing the procedure set out in § 405(g)). 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. 23) 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) and 1383(c)(3) 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 December 1, 2021.

ites POLSTER atta UNITED STATES DISTRICT JUDGE Copies: All Parties of Record