Gonzalez Martinez v. Commissioner of Social Security

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION MARILYN GONZALEZ MARTINEZ, Plaintiff, v. Case No. 8:22-cv-1252-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. 24; “Motion”), filed February 10, 2023, 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: 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 29, 2022; Reference Order (Doc. No. 14), entered August 29, 2022.

1. Defendant’s Unopposed Motion for Entry of Judgment with Remand (Doc. No. 24) 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: The Commissioner will obtain supplemental evidence from a vocational expert (VE) to determine whether there are a significant number of jobs in the national economy that Plaintiff can perform; before relying on the VE evidence, identify and resolve any conflicts between the occupational evidence provided by the VE and information in the Dictionary of Occupational Titles; take any further action needed to complete the administrative record; and issue a new decision.

3. The Clerk is further directed to close the file.

DONE AND ORDERED in Jacksonville, Florida on February 15, 2023.

Trewin Boo K Reel JAMES R. KLINDT United States Magistrate Judge kaw Copies: Counsel of Record