Arambasich v. Commissioner of Social Security

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION MATTHEW JOHN ARAMBASICH, Plaintiff, v. Case No.: 2:23-cv-240-SPC-KCD COMMISSIONER OF SOCIAL SECURITY, Defendant. / ORDER Before the Court is the Commissioner’s Unopposed Motion for Remand. (Doc. 20.) The Commissioner believes that remand is appropriate to accomplish the following: On remand, the Appeals Council will direct the Administrative Law Judge to take any steps necessary to fully develop the administrative record and will offer the claimant the opportunity for a new hearing and to submit additional evidence in support of his claim. Further, the Council will direct the Administrative Law Judge 4 to obtain supplemental vocational evidence or otherwise comply with Social Security Ruling 00-4p to resolve all apparent conflicts and articulate the resolution of any apparent conflicts between the jobs identified at step five of the sequential evaluation process and the Dictionary of Occupational Titles. (Id. at 1-2.) 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 Remand (Doc. 20) is GRANTED.

2. The Commissioner’s 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.

ENTERED in Fort Myers, Florida on October 19, 2023.

ill al ogee, “ Kle C. Dudek United States Magistrate Judge Copies: All Parties of Record