Whitlock v. Commissioner of Social Security

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION OZELLA WHITLOCK, Plaintiff, Case No. 2:25-cv-59-KCD v. 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 Appeals Council to instruct the Administrative Law Judge to offer Plaintiff the opportunity for a hearing; give further consideration to Plaintiff’s maximum residual functional capacity (RFC); if necessary, obtain supplemental vocational expert testimony based on Plaintiff’s RFC; take any further action needed to complete the administrative record; and issue a new decision. (Id. at 2.)

Under 42 U.S.C. § 405(g), the Court can 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, 101-02 (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.

ORDERED in Fort Myers, Florida on May 15, 2025.

Pgh gl sea te ge gee * Kale C. Dudek United States Magistrate Judge