Roman v. Commissioner of Social Security

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION EDMANUEL DE JESUS LOPEZ ROMAN, Plaintiff, v. Case No.: 2:23-cv-827-KCD COMMISSIONER OF SOCIAL SECURITY, Defendant. / ORDER Before the Court is the Commissioner’s Unopposed Motion for Entry of Judgment With Remand.1 (Doc. 23.) The Commissioner believes that remand is appropriate to instruct the Administrative Law Judge to: (1) reassess the opinion evidence; (2) reassess Plaintiff’s residual functional capacity; (3) take any further action needed to complete the administrative record; and (4) issue a new decision. (Id. 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- The parties consented to a magistrate judge’s consideration of this motion. (Docs. 17, 18.)

02 (1991). The Commissioner’s request for remand is appropriate, and given Plaintiffs consent, it will be granted.

Accordingly, it is now ORDERED: 1. The Commissioner’s Unopposed Motion for Entry of Judgment With Remand (Doc. 28) 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.

ORDERED in Fort Myers, Florida on March 20, 2024.

pe 9 © Kale C. Dudek United States Magistrate Judge Copies: All Parties of Record