Welch v. Commissioner of Social Security

• Court: District Court, M.D. Florida
• Decided: January 31, 2025
• Docket: 6:24-cv-01659
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

MICHELLE RENEE WELCH,

Plaintiff,

v. Case No.: 6:24-cv-1659-KCD

COMMISSIONER OF SOCIAL SECURITY,

Defendant. / ORDER Before the Court is Defendant’s Unopposed Motion for Remand. (Doc. 20.) The Commissioner believes that remand is appropriate for the ALJ, to further evaluate the evidence of record; give further consideration to the medical opinion evidence; if necessary, give further consideration to Plaintiff’s maximum residual functional capacity (RFC); if necessary, obtain vocational evidence regarding the effect of Plaintiff’s RFC on the occupational base; and offer Plaintiff the opportunity for a new hearing, take further action to complete the administrative record resolving the above issue, and issue a new decision.

(Id. at 1-2.) Under 42 U.S.C. § 405(g), the Court has the power to 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. 20) 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 this January 31, 2025.

i a we _— ee F J □ Lyte 6 a * Wale C. Dudek United States Magistrate Judge

Copies: All Parties of Record