Viner v. Commissioner of Social Security

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

GEORGE E. VINER, II, Plaintiff, v. Case No. 8:21-cv-2944-CPT KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. __________________________________/

O R D E R Before the Court is Defendant Commissioner’s unopposed motion to remand this case pursuant to sentence four of 42 U.S.C. § 405(g) so that “the Commissioner [may] offer Plaintiff an opportunity for a new hearing, obtain supplemental vocational evidence, and issue a new decision.” (Doc. 17). The Commissioner represents that the Plaintiff does not object to this request. Id. Sentence four of section 405(g) provides that a “court shall have [the] power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner . . . with or without remanding the cause for a rehearing.” 42 U.S.C. § 405(g). In a sentence four remand, the appropriate procedure is for a court to enter a final judgment in the claimant’s favor. Shalala v. Schaefer, 509 U.S. 292, 296-97 (1993): Jackson v. Chater, 99 F.3d 1086, 1095 (11th Cir. 1996).

In light of the above, it is hereby ORDERED: 1. The Commissioner’s unopposed motion to remand this case (Doc. 17) is granted.

2. The Commissioner’s decision is reversed, and the case is remanded for further proceedings before the Social Security Administration consistent with this Order.

3. The Clerk of Court is directed to enter Judgment in the Plaintiffs favor and to close the case.

SO ORDERED in Tampa, Florida, this 30th day of December 2022.

Nie adios Ack HONORABLE CHRISTOPHER P. TUITE United States Magistrate Judge Copies to: Counsel of record