Cancino v. Commissioner of Social Security
Cancino v. Commissioner of Social Security
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION
ANALIA CANCINO,
Plaintiff,
v. Case No. 6:22-cv-853-JRK
KILOLO KIJAKAZI, Acting Commissioner of Social Security,
Defendant. / ORDER1 This cause is before the Court on the Commissioner’s Unopposed Motion for Entry of Judgment Under Sentence Four of
42 U.S.C. § 405(g) with Remand of the Cause to Defendant (Doc. No. 18; “Motion”), filed October 27, 2022, that seeks to have this matter reversed and remanded to the Social Security Administration for further administrative proceedings. Motion at 1-2. Plaintiff has no objection to the Motion, see
id. at 1, and such a disposition is clearly within the Court’s authority, see Shalala v. Schaefer,
509 U.S. 292(1993). Accordingly, it is ORDERED:
1 The parties consented to the exercise of jurisdiction by a United States Magistrate Judge. See Notice, Consent, and Reference of a Civil Action to a Magistrate Judge (Doc. No. 11), filed August 2, 2022; Reference Order (Doc. No. 13), entered August 3, 2022. 1. The Commissioner’s Unopposed Motion for Entry of Judgment Under Sentence Four of
42 U.S.C. § 405(g) with Remand of the Cause to Defendant (Doc. No. 18) is GRANTED. 2. The Clerk of Court is directed to enter judgment REVERSING AND REMANDING this case pursuant to sentence four of
42 U.S.C. § 405(g) with the following instructions: This matter is remanded to the agency for further consideration and administrative action. Upon remand, the Commissioner will evaluate Plaintiffs subjective symptoms in accordance with
20 C.F.R. §§ 404.1529, 416.929; take any other administration action deemed necessary; and issue a new decision. 3. The Clerk is further directed to close the file. 4, In the event benefits are awarded on remand, Plaintiffs counsel shall ensure that any § 406(b) fee application be filed within the parameters set forth by the Standing Order on Management of Social Security Cases entered
on December 7, 2021 in Case No. 3:21-mc-001-TJC (Doc. No. 48, 4 6, 8). DONE AND ORDERED in Jacksonville, Florida on October 28, 2022.
Trewin Boo K Reel JAMES R. KLINDT United States Magistrate Judge
kaw Copies: Counsel of Record
Reference
- Status
- Unknown