Cantwell v. Commissioner of Social Security

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION MARY CANTWELL, Plaintiff, v. Case No. 8:25-cv-520-WFJ-AAS FRANK BISIGNANO, Commissioner of the Social Security Administration, Defendant. _______________________________/ ORDER This cause comes before the Court on Defendant Commissioner of the Social Security’s (“Commissioner”) unopposed motion to enter a judgment in Plaintiff’s favor with reversal and remand pursuant to sentence four of 42 U.S.C. § 405(g) (Dkt. 16), and the report filed by the United States Magistrate Judge recommending that the decision of the Commissioner be reversed, and the matter remanded, and judgment entered in accordance with Fed. R. Civ. P. 58, consistent with the decision in Shalala v. Schaefer, 509 U.S. 292, 296-302 (1993) (Dkt. 17).

The Commissioner asserts that on remand, the Administrative Law Judge be instructed to: [O]ffer the claimant an opportunity for a supplemental hearing and issue a new decision.

No objections have been filed, and the time for doing so has passed. The Court agrees with the Magistrate Judge and orders as follows: 1. The Report and Recommendation (Dkt. 17) is adopted and confirmed in all respects and made a part of this Order.

2. The Commissioner’s Unopposed Motion for Entry of Judgment with Remand (Dkt. 16) is GRANTED.

3. The Commissioner’s decision is REVERSED, and this case is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) to the Commissioner consistent with this Order and the Report and Recommendation.

4. The Clerk is directed to enter final judgment for Plaintiff in accordance with Fed. R. Civ. P. 58, consistent with the decision in Shalala v. Schaefer, 509 U.S. 292, 296-302 (1993), to terminate all pending motions, and close the case.

DONE AND ORDERED at Tampa, Florida, on August 26, 2025. mb, — UNITED STATES DISTRICT JUDGE COPIES FURNISHED TO: Counsel of record