Usenza v. Commissioner of Social Security

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION CATHERINE M. USENZA, Plaintiff, v. Case No.: 2:21-cv-845-SPC-MRM COMMISSIONER OF SOCIAL SECURITY, Defendants. / ORDER1 Before the Court is the Commissioner’s Motion for Entry of Judgment with Remand. (Doc. 18). The Commissioner believes that remand is appropriate to accomplish the following: [F]or further administrative proceedings, including reevaluation of the effect of Plaintiff’s impairments on her occupational base. If warranted, the Commissioner will offer Plaintiff a new hearing. (Doc. 18). Citing due process concerns, Plaintiff says that she consents to remand only if the remand order directs the Commissioner to conduct a new hearing. (Doc. 19).

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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). The Commissioner’s request for remand will be granted.

Plaintiff has not otherwise shown that the procedures afforded her on remand will deprive her the opportunity to be heard.

Accordingly, it is now ORDERED: 1. The Commissioner's Motion for Entry of Judgment with Remand (Doc. 18) 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. Any application for fees, costs, or expenses must comply with the Court's Standing Order on Management of Social Security Cases, In re Administrative Orders of the Chief Judge, Case No. 3:21-mc-1-TJC, Doc. 43 (Dec. 7, 2021).

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 June 3, 2022.

, UNITED STATES DISTRICT JUDGE Copies: All Parties of Record