Davis v. Commissioner of Social Security

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION TONI DAVIS, Plaintiff, v. Case No.: 2:23-cv-862-SPC-NPM COMMISSIONER OF SOCIAL SECURITY, Defendant. / ORDER Before the Court is the Commissioner’s Unopposed Motion for Entry of Judgment with Remand. (Doc. 18). The Commissioner believes that remand is appropriate to accomplish the following: [R]econsider findings at the relevant steps of the sequential evaluation process, including but not limited to a reevaluation of the Plaintiff’s residual functional capacity and the prior administrative findings. The Plaintiff will also be offered an opportunity for a hearing. (Doc. 18). This Motion for Entry of Judgment with Remand is unopposed.

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 also Shalala v. Schaefer, 509 U.S. 292, 296-98 (1993); Melkonyan v. Sullivan, 501 U.S. 89, 101-02 (1991). The Commissioner’s request for remand will be granted.

Accordingly, it is now ORDERED: 1. The Commissioner’s Unopposed Motion for Entry of Judgment with Remand (Doc. 18) 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.

DONE and ORDERED in Fort Myers, Florida on April 11, 2024.

UNITED STATES DISTRICT JUDGE Copies: All Parties of Record