Lundy v. Commissioner of Social Security

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION KELLEY LUNDY, Plaintiff, v. Case No.: 2:23-cv-137-KCD COMMISSIONER OF SOCIAL SECURITY, Defendant. / ORDER Before the Court is the Commissioner’s Unopposed Motion for Entry of Judgment with Remand. (Doc. 21.) The Commissioner believes that remand is appropriate to accomplish the following: On remand, the Appeals Council will instruct the Administrative Law Judge to further consider Plaintiff’s RFC; obtain evidence from a vocational expert; offer Plaintiff the opportunity for a hearing; take any further action needed to complete the administrative record; and issue a new decision. (Doc. 21 at 1.) Plaintiff consents to the relief requested.

Under 42 U.S.C. § 405(g), the Court has the power to enter judgment, reversing and remanding a social security case for rehearing. See Shalala v. Schaefer, 509 U.S. 292, 296-98 (1993); Melkonyan v. Sullivan, 501 U.S. 89, 101- (1991). The Commissioner’s request for remand is appropriate, and given Plaintiff’s consent, it will be granted.

Accordingly, it is now ORDERED: 1. The Commissioner’s Unopposed Motion for Entry of Judgment with Remand (Doc. 21) is GRANTED.

2. The decision denying benefits is REVERSED and this case is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings.

3. The Clerk is DIRECTED to enter judgment, terminate all deadlines, deny all pending motions as moot, and close the file.

ORDERED in Fort Myers, Florida this August 21, 2023.

ZL Zz he Dudek United States Magistrate Judge Copies: All Parties of Record