Rodriguez v. Commissioner of Social Security

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION MARIA RODRIGUEZ, Plaintiff, v. Case No. 6:23-cv-1365-JRK MARTIN J. O’MALLEY, 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. 35; “Motion”), filed February 5, 2024, 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 2, and such a disposition is clearly within the Court’s authority, see Shalala v. Schaefer, 509 U.S. 292 (1993). Accordingly, it is ORDERED: 1. Defendant’s Unopposed Motion for Entry of Judgment With Remand (Doc. No. 35) is GRANTED.

1 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. 19), filed September 11, 2023; Reference Order (Doc. No. 20), signed September 13, 2023 and entered September 15, 2023.

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: On remand, the Administrative Law Judge will be instructed to consider the medical opinions and prior administrative medical findings; further assess [Plaintiff's] residual functional capacity; obtain supplemental vocational expert evidence; offer [Plaintiff] an opportunity for a hearing; address the additional evidence [Plaintiff] submitted to the Appeals Council; take any additional action necessary 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 9, 2024.

limon KR. Kfcadt JAMES R. KLINDT United States Magistrate Judge kaw Copies: Counsel of Record