Lashley v. Commissioner of Social Security

United States District Court for the Middle District of Florida

Lashley v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

BRENDA SUE LASHLEY,

Plaintiff,

v. Case No. 8:22-cv-1187-JRK

KILOLO KIJAKAZI, Acting Commissioner of Social Security,

Defendant. / ORDER1 This cause is before the Court on Defendant’s Unopposed Motion for Entry of Judgment with Remand (Doc. No. 18; “Motion”), filed November 15, 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. Defendant’s Unopposed Motion for Entry of Judgment with Remand (Doc. No. 18) is GRANTED.

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 22, 2022; Reference Order (Doc. No. 14), entered August 22, 2022. 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: On remand, the Administrative Law Judge will give further consideration to the opinion evidence from physician Jonas Santos, M.D.;_ give further consideration to Plaintiffs maximum residual functional capacity; and obtain supplemental evidence from a_ vocational expert. In doing. so, the Administrative Law Judge will offer Plaintiff an opportunity for a hearing; take further action to complete the administrative record; 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. 43, 94 6, 8). DONE AND ORDERED in Jacksonville, Florida on November 17, 2022.

Trewin Boo K Reel JAMES R. KLINDT United States Magistrate Judge

kaw Copies: Counsel of Record

Reference

Status
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