Palmer v. Commissioner of Social Security

D. Connecticut

Palmer v. Commissioner of Social Security

District Court, D. Connecticut·Decided March 15, 2021·No. 3:20-cv-00911·Unknown

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

SCOTT PALMER, Plaintiff, No. 3:20-cv-911 (SRU)

v.

ANDREW SAUL, Commissioner Of Social Security Administration, Defendant.

ORDER GRANTING COMMISSIONER’S CONSENT MOTION FOR ENTRY OF JUDGMENT WITH REVERSAL AND REMAND

The defendant, Andrew Saul, Commissioner of the Social Security Administration, has moved to enter judgment under sentence four of 42 U.S.C. § 405(g), with a reversal and remand of the cause to the Commissioner for further action. See Doc. No. 21. Counsel for the Commissioner represents that he has contacted counsel for the plaintiff, Alexandra Jackson, who consents to the relief sought in the motion. Under sentence four of 42 U.S.C. § 405(g), I have the power to enter a judgment with a reversal and remand of the cause to the Commissioner for further proceedings. See Shalala v. Schaefer, 509 U.S. 292, 297 (1993); Melkonyan v. Sullivan, 501 U.S. 89, 98 (1991). Remand for further development of the record is appropriate when gaps exist in the administrative record or when the administrative law judge (“ALJ”) committed legal error. See Parker v. Harris, 626 F.2d 225, 235 (2d Cir. 1980). Here, the Commissioner has determined that a remand of the case for additional administrative proceedings is necessary. Upon remand, the plaintiff will be given an opportunity for a new hearing and to submit additional evidence in accordance with 20 C.F.R. § 416.1435. The ALJ shall reassess the plaintiff’s residual functional capacity, and reevaluate the medical and other opinions of record. The ALJ shall then issue a new decision. Accordingly, I GRANT the Commissioner’s Consent Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. § 405(g). The Clerk shall enter a judgment of reversal and remand under sentence four of 42 U.S.C. § 405(g), and shall remand the case to the

Commissioner for further proceedings consistent with the motion. The Clerk is further instructed that, if any party subsequently appeals to this court the decision made after remand, that Social Security appeal shall be assigned to me (as the District Judge who issued the ruling that remanded the case). So ordered. Dated at Bridgeport, Connecticut, this 15th day of March 2021.

/s/ STEFAN R. UNDERHILL Stefan R. Underhill United States District Judge

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

SCOTT PALMER, Plaintiff, No. 3:20-cv-911 (SRU)

v.

ANDREW SAUL, Commissioner Of Social Security Administration, Defendant.

ORDER GRANTING COMMISSIONER’S CONSENT MOTION FOR ENTRY OF JUDGMENT WITH REVERSAL AND REMAND

The defendant, Andrew Saul, Commissioner of the Social Security Administration, has moved to enter judgment under sentence four of 42 U.S.C. § 405(g), with a reversal and remand of the cause to the Commissioner for further action. See Doc. No. 21. Counsel for the Commissioner represents that he has contacted counsel for the plaintiff, Alexandra Jackson, who consents to the relief sought in the motion. Under sentence four of 42 U.S.C. § 405(g), I have the power to enter a judgment with a reversal and remand of the cause to the Commissioner for further proceedings. See Shalala v. Schaefer, 509 U.S. 292, 297 (1993); Melkonyan v. Sullivan, 501 U.S. 89, 98 (1991). Remand for further development of the record is appropriate when gaps exist in the administrative record or when the administrative law judge (“ALJ”) committed legal error. See Parker v. Harris, 626 F.2d 225, 235 (2d Cir. 1980). Here, the Commissioner has determined that a remand of the case for additional administrative proceedings is necessary. Upon remand, the plaintiff will be given an opportunity for a new hearing and to submit additional evidence in accordance with 20 C.F.R. § 416.1435. The ALJ shall reassess the plaintiff’s residual functional capacity, and reevaluate the medical and other opinions of record. The ALJ shall then issue a new decision. Accordingly, I GRANT the Commissioner’s Consent Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. § 405(g). The Clerk shall enter a judgment of reversal and remand under sentence four of 42 U.S.C. § 405(g), and shall remand the case to the

Commissioner for further proceedings consistent with the motion. The Clerk is further instructed that, if any party subsequently appeals to this court the decision made after remand, that Social Security appeal shall be assigned to me (as the District Judge who issued the ruling that remanded the case). So ordered. Dated at Bridgeport, Connecticut, this 15th day of March 2021.

/s/ STEFAN R. UNDERHILL Stefan R. Underhill United States District Judge

Palmer v. Commissioner of Social Security, (D. Conn. 2021).

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