Curlee v. Commissioner of Social Security

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION STACI LYN CURLEE, Plaintiff, v. Case No.: 8:24-cv-01966-AAS MARTIN O’MALLEY, Commissioner of Social Security Administration, Defendant. _____________________________________/ ORDER The Commissioner of Social Security (Commissioner) moves to remand this case for further action under sentence four of 42 U.S.C. § 405(g). (Doc. 18).

This request is unopposed. (Id., p. 2).

The Commissioner requests remand with entry of judgment for these reasons: On remand, the Appeals Council will direct the administrative law judge (ALJ) to further evaluate the evidence of record; if necessary, give further consideration to Plaintiff’s maximum residual functional capacity (RFC); obtain new vocational evidence regarding the effect of Plaintiff’s RFC on the occupational base and further evaluate the step-five finding; and offer Plaintiff the opportunity for a new hearing, take further action to complete the administrative record resolving the above issue, and issue a new decision. (Id., p. 1). Section 405(g) of the Social Security Act provides “[t]he Court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the [Commissioner], with or without remanding the cause for a rehearing.” See Shalala v. Schaefer, 509 U.S. 292 (1998).

Accordingly, the Commissioner’s unopposed motion for entry of judgment with remand (Doc. 18) is GRANTED. The Clerk of Court is DIRECTED to enter judgment in favor of Plaintiff and close the file.

ENTERED in Tampa, Florida, on January 15, 2025.

Aranda. Are he Sarma.

AMANDA ARNOLD SANSONE | United States Magistrate Judge