Collins v. Commissioner of Social Security

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

RYAN MATTHEW COLLINS,

Plaintiff,

v. Case No. 8:25-cv-275-CPT

FRANK BISIGNANO, Commissioner of Social Security,1

Defendant. _____________________________/

O R D E R Before the Court is Defendant Commissioner’s unopposed motion to remand this case pursuant to sentence four of 42 U.S.C. § 405(g). (Doc. 16). The Commissioner seeks this relief so that, on remand, an administrative law judge can “obtain supplemental evidence from a vocational expert to clarify the effect of the assessed limitations on [the] Plaintiff’s occupational base,” “ask the vocational expert to identify examples of appropriate jobs and to state the incidence of such jobs in the national economy,” “offer [the] Plaintiff an opportunity for a hearing[,] take further action to complete the administrative record[,] and issue a new decision.” Id.

1 Mr. Bisignano became the Commissioner of Social Security on May 6, 2025. Pursuant to Federal Rule of Civil Procedure 25(d), Mr. Bisignano is substituted for the former Acting Commissioner, Mr. Leland Dudek, as the Defendant in this suit. Sentence four of section 405(g) provides that a “court shall have [the] 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.” 42 U.S.C. § 405(g). In a sentence four remand, the appropriate procedure is for a court to enter a final judgment in the claimant’s favor. Shalala v. Schaefer, 509 U.S. 292, 296-97 (1993); Jackson v. Chater, 99 F.3d 1086, 1095 (11th Cir. 1996). In light of the above, it is hereby ORDERED: 1. The Commissioner’s motion (Doc. 16) 1s granted. 2. The Commissioner’s decision is reversed, and the case is remanded for further proceedings before the Social Security Administration consistent with this Order. 3. The Clerk of Court is directed to enter Judgment in the Plaintiffs favor, to terminate any pending motions, and to close the case. SO ORDERED in Tampa, Florida, this 28th day of July 2025. Chia becdaay Ack HONORABLE CHRISTOPHER P. TUITE United States Magistrate Judge Copies to: Counsel of record