UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION

CHRISTINA LOMBARDO,

Plaintiff,

v. Case No: 5:21-cv-86-PRL

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

ORDER The Commissioner has filed an unopposed motion to remand this case for further proceedings under sentence four of

(g). (Doc. 26). Upon review, the Court agrees with the parties that it is appropriate to remand this matter to the Commissioner. Pursuant to Title

(g) the Court is empowered to reverse the decision of the Commissioner with or without remanding the cause for a rehearing. Shalala v. Schaefer,

(1993). Where the court cannot discern the basis for the Commissioner’s decision, a sentence-four remand may be appropriate to allow him to explain the basis for his decision. Falcon v. Heckler,

(11th Cir. 1984) (holding remand was appropriate to allow the ALJ to explain the basis for the determination that the claimant’s depression did not significantly affect her ability to work). On remand under sentence four, the ALJ should review the case on a complete record, including any new material evidence. Diorio v. Heckler,

(11th Cir. 1983) (finding that it was necessary for the ALJ on remand to consider psychiatric report tendered to Appeals Council); Reeves v. Heckler,

, 522 n. 1 (11th Cir. 1984) (holding that the ALJ should consider on remand the need for an orthopedic evaluation). Therefore, following a careful review of the record and filings, the Court agrees with the parties that it is appropriate to remand this matter to the Commissioner. Accordingly, it is ORDERED: 1. The Commissioner’s motion (Doc. 26) is GRANTED and this action is REVERSED AND REMANDED pursuant to sentence four of

(g)' to the Commissioner for the following reasons: On remand, the case will be assigned to a new Administrative Law Judge (ALJ). The Appeals Council will instruct the new ALJ to develop and update the administrative record, offer the claimant an opportunity for a hearing, and issue a new decision. The Appeals Council will also remand for the new ALJ to further develop the record from July 2017 through January 16, 2019, the day prior to the subsequent allowance. If any of the records from the prior application relate to this period, then they should be added to the current record 2. The Clerk is directed to enter judgment accordingly and close the file. DONE and ORDERED in Ocala, Florida on March 10, 2022. YG PHILIP R. LAMMENS United States Magistrate Judge Copies furnished to: Counsel of Record Unrepresented Parties

1 Remand pursuant to sentence four of § 405(g) makes the plaintiff a prevailing party for purposes of the Equal Access to Justice Act,

, and terminates this Court's jurisdiction over this matter. Shalala v. Schaefer,

(1993). -2-