VEINOTT v. BERRYHILL, No. 5:2017cv00216 - Document 18 (N.D. Fla. 2018)
Court Description: MEMORANDUM OPINION AND ORDER - Defendant's unopposed motion to reverse and remand, ECF No. 17 , is GRANTED and the Acting Commissioner's decision denying benefits is REVERSED and this case is REMANDED to the Acting Commi ssioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with this Memorandum Opinion and Order. The clerk is directed to enter JUDGMENT for Plaintiff. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 1/22/18. (ckm)
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VEINOTT v. BERRYHILL Doc. 18 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITYDIVISION DOROTHY C. VEINOTT, Plaintiff, vs. Case No. 5:17cv216-CAS NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. / MEMORANDUM OPINION AND ORDER This action was initiated under the Social Security Act to obtain judicial review of Defendant=s final decision denying Plaintiff=s claim for disability benefits. ECF No. 1. On January 22, 2018, Defendant filed an unopposed motion to reverse and remand this case pursuant to sentence four of Title 42 U.S.C. ' 405(g), ECF No.17. See Shalala v. Schaefer, 509 U.S. 292 (1993). Sentence four of section 405(g) states that A[t]he court shall have 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.@ Case No. 5:17cv216-CAS Dockets.Justia.com Page 2 of 2 42 U.S.C. ' 405(g). The Acting Commissioner states: The Commissioner requests that the court remand this case to the agency for further consideration and administrative action. Upon remand, the agency will reconsider Plaintiff’s residual functional capacity (RFC), including her mental limitations, and, if necessary, obtain vocational expert testimony to determine the extent to which her impairments impact her ability to perform past relevant work or other work in the national economy. ECF No. 17 at 2. This court concludes that good cause has been shown for this case to be reversed and remanded to the Acting Commissioner for further proceedings. Accordingly, it is ORDERED: Defendant’s unopposed motion to reverse and remand, ECF No. 17, is GRANTED and the Acting Commissioner=s decision denying benefits is REVERSED and this case is REMANDED to the Acting Commissioner of Social Security pursuant to sentence four of 42 U.S.C. ' 405(g) for further proceedings consistent with this Memorandum Opinion and Order. The clerk is directed to enter JUDGMENT for Plaintiff. DONE AND ORDERED on January 22, 2018. S/ Charles A. Stampelos CHARLES A. STAMPELOS UNITED STATES MAGISTRATE JUDGE Case No. 5:17cv216-CAS
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