Otten v. Commissioner of Social Security

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION MATTHEW FREDERICK OTTEN, Plaintiff, v. Case No.: 2:24-cv-929-KCD COMMISSIONER OF SOCIAL SECURITY, Defendant. / ORDER Before the Court is Defendant’s Unopposed Motion for Remand. (Doc.

14.) The Commissioner believes that remand is appropriate for the ALJ “to offer Plaintiff the opportunity for a hearing, take any steps necessary to develop the administrative record, and issue a new decision.” (Id. at 1.)

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

Accordingly, it is now ORDERED: 1. Defendant’s Unopposed Motion for Remand (Doc. 14) 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.

ENTERED in Fort Myers, Florida on January 28, 2025.

Pic gf cee J fF Yo * Kale C. Dudek United States Magistrate Judge Copies: All Parties of Record