Cancino v. Commissioner of Social Security

United States District Court for the Middle District of Florida

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

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