UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-61399-CIV-SMITH

DOUGLAS FAIRWEATHER,

Plaintiff,

vs. COMMISSIONER OF SOCIAL SECURITY, Defendant. __________________________________/ ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE ON CROSS MOTIONS FOR SUMMARY JUDGMENT

This matter is before the Court on the Magistrate Judge’s Report and Recommendation [DE 19] on the Parties’ Cross-Motions for Summary Judgment [DE 9, 10]. In their Joint Supplemental Status Report [DE 18], the Parties agree that remand to Defendant is appropriate. Pursuant to this Court’s power to enter a judgment affirming, modifying, or reversing the Commissioner’s decision with remand in Social Security actions, under sentence four of

(g), and given the Parties’ joint request to remand this action for further administrative proceedings, this Court hereby reverses the Commissioner’s decision under sentence four of

(g) with remand of the cause to the Commissioner. See Shalala v. Schaefer,

(1993); Melkonyan v. Sullivan,

(1991). Upon remand, the Appeals Council shall instruct the Administrative Law Judge: (i) to reconsider the objective medical evidence; (ii) further evaluate the medical opinions of record; (iii) further evaluate the residual functional capacity in accordance with SSR 96-8p; (iv) offer a hearing; (v) take any further steps needed to update the record; and (vi) issue a new decision. Accordingly, it is ORDERED that 1. Plaintiff's Motion for Summary Judgment [DE 9] is DENIED as moot. 2. Defendant’s Motion for Summary Judgment [DE 12] is DENIED as moot. 3. The Parties’ Joint Motion for Remand [DE 17] is GRANTED. 4. The decision of the Commissioner of Social Security is REVERSED. 5. This case is REMANDED to the Commissioner of Social Security for further proceedings. 6. All pending motions not otherwise ruled on are DENIED as moot. 7. This case is CLOSED. DONE AND ORDERED in Fort Lauderdale, Florida, this 11th day of August 2023.

RODNEY SMITH UNITED STATES DISTRICT JUDGE

ce: Counsel of record