White v. Commissioner of Social Security

• Court: District Court, M.D. Florida
• Decided: March 21, 2023
• Docket: 8:22-cv-02840
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

STANLEY WHITE,

Plaintiff,

v. Case No.: 8:22-cv-2840-SCB-MRM

COMMISSIONER OF SOCIAL SECURITY,

Defendant. / REPORT AND RECOMMENDATION Defendant, the Commissioner of Social Security (the “Commissioner”), filed Defendant’s Unopposed Motion for Entry of Judgment With Remand. (Doc. 15). The Commissioner requests remand under sentence four of 42 U.S.C. § 405(g) for the following reasons: “Upon remand, the Commissioner will further consider the evidence and issue a new decision.” (See id. at 1). The Commissioner advises that Plaintiff’s counsel does not object to the relief requested. (Id.). Under sentence four, the Court has the “power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing.” 42 U.S.C. § 405(g). A remand under sentence four “is based upon a determination that the Commissioner erred in some respect in reaching the decision to deny benefits.” Jackson v. Chater, 99 F.3d 1086, 1095 (11th Cir. 1996). Here, the Commissioner concedes error by requesting a reversal of the Commiussioner’s decision. CONCLUSION Accordingly, the Undersigned RESPECTFULLY RECOMMENDS that: 1. The presiding United States District Judge enter an Order GRANTING the Defendant’s Unopposed Motion for Entry of Judgment With Remand (Doc. 15). 2. The decision of the Commissioner be REVERSED and this case be REMANDED under sentence four of 42 U.S.C. § 405(g) for further administrative action and proceedings as follows: Upon remand, the Commissioner will further consider the evidence and issue a new decision. (Doc. 15 at 1). 4. The Clerk of Court be directed to enter judgment accordingly, terminate any pending motions and deadlines, and close the file. RESPECTFULLY RECOMMENDED in Chambers in Tampa, Florida on March 21, 2023.

Mac R. MA United States Magistrate Judge

NOTICE TO PARTIES

A party has fourteen days from this date to file written objections to the Report and Recommendation’s factual findings and legal conclusions. A party’s failure to file written objections waives that party’s right to challenge on appeal any unobjected-to factual finding or legal conclusion the district judge adopts from the Report and Recommendation. See 11th Cir. R. 3-1. Copies furnished to:

Counsel of Record Unrepresented Parties