Roman Santiago v. Commissioner of Social Security

M.D. Florida

Roman Santiago v. Commissioner of Social Security

DecidedJanuary 18, 2023

Docket5:22-cv-00439

StatusUnknown

This text of Roman Santiago v. Commissioner of Social Security (Roman Santiago v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Roman Santiago v. Commissioner of Social Security, (M.D. Fla. 2023).

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION

ZAIRA IVETTE ROMAN SANTIAGO,

Plaintiff,

v. Case No: 5:22-cv-439- PRL

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

ORDER This matter is before the undersigned on Defendant’s unopposed motion for entry of judgment with remand in which Defendant requests that the Court remand this case so that the Commissioner can take further administrative action. (Doc. 14). Defendant states that Plaintiff has no objection to the Motion to Remand. Pursuant to Title 42, United States Code, Section 405(g) the Court is empowered to reverse the decision of the Commissioner with or without remanding the cause for a rehearing. Shalala v. Schaefer, 113 S. Ct. 2625 (1993). The failure of the ALJ to develop the record constitutes sufficient grounds for remand. Brissette v. Heckler, 730 F.2d 548 (8th Cir. 1984), appeal after remand, 613 F. Supp. 722 (E.D. Mo. 1985), judgment aff’d in part, rev’d in part, 784 F.2d 864 (8th Cir. 1986). On remand under sentence four, the ALJ should review the case on a complete record, including any new material evidence. Diorio v. Heckler, 721 F.2d 726, 729 (11th Cir. 1983) (finding that it was necessary for ALJ on remand to consider psychiatric report tendered to Appeals Council); Reeves v. Heckler, 734 F.2d 519, 522 n.1 (11th Cir. 1984) (holding that the ALJ should consider on remand the need for an orthopedic evaluation). Therefore, the undersigned agrees with the parties that it is appropriate to remand this matter to the Commissioner. Accordingly, it is respectfully ORDERED that: (1) Defendant’s unopposed motion for entry of judgment with remand (Doc. 14) is GRANTED. (2) This action is REVERSED AND REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) to the Commissioner for the following reasons: the Appeals Council will instruct the Administrative Law Judge to obtain supplemental vocational evidence regarding whether Plaintiff can perform past relevant work and, if warranted, whether there are other jobs Plaintiff can perform in the national economy. (3) The Clerk is directed to enter judgment accordingly and close the file. DONE and ORDERED in Ocala, Florida on January 18, 2023.

PHILIP R. LAMMENS United States Magistrate Judge Copies furnished to: Counsel of Record Unrepresented Parties

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION

ZAIRA IVETTE ROMAN SANTIAGO,

Plaintiff,

v. Case No: 5:22-cv-439- PRL

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

ORDER This matter is before the undersigned on Defendant’s unopposed motion for entry of judgment with remand in which Defendant requests that the Court remand this case so that the Commissioner can take further administrative action. (Doc. 14). Defendant states that Plaintiff has no objection to the Motion to Remand. Pursuant to Title 42, United States Code, Section 405(g) the Court is empowered to reverse the decision of the Commissioner with or without remanding the cause for a rehearing. Shalala v. Schaefer, 113 S. Ct. 2625 (1993). The failure of the ALJ to develop the record constitutes sufficient grounds for remand. Brissette v. Heckler, 730 F.2d 548 (8th Cir. 1984), appeal after remand, 613 F. Supp. 722 (E.D. Mo. 1985), judgment aff’d in part, rev’d in part, 784 F.2d 864 (8th Cir. 1986). On remand under sentence four, the ALJ should review the case on a complete record, including any new material evidence. Diorio v. Heckler, 721 F.2d 726, 729 (11th Cir. 1983) (finding that it was necessary for ALJ on remand to consider psychiatric report tendered to Appeals Council); Reeves v. Heckler, 734 F.2d 519, 522 n.1 (11th Cir. 1984) (holding that the ALJ should consider on remand the need for an orthopedic evaluation). Therefore, the undersigned agrees with the parties that it is appropriate to remand this matter to the Commissioner. Accordingly, it is respectfully ORDERED that: (1) Defendant’s unopposed motion for entry of judgment with remand (Doc. 14) is GRANTED. (2) This action is REVERSED AND REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) to the Commissioner for the following reasons: the Appeals Council will instruct the Administrative Law Judge to obtain supplemental vocational evidence regarding whether Plaintiff can perform past relevant work and, if warranted, whether there are other jobs Plaintiff can perform in the national economy. (3) The Clerk is directed to enter judgment accordingly and close the file. DONE and ORDERED in Ocala, Florida on January 18, 2023.

PHILIP R. LAMMENS United States Magistrate Judge Copies furnished to: Counsel of Record Unrepresented Parties

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