Phillips v. Commissioner of Social Security

Middle District of Florida, flmd-8:2016-cv-02312

ORDER: The Commissioner's Unopposed Motion for Entry of Judgment with Remand (Doc. # {{17}}) is GRANTED. The Clerk is directed to enter judgment in favor ofPlaintiff reflecting that this case is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings. Once judgment is entered, the Clerk is directed to CLOSE this case. Signed by Judge Virginia M. Hernandez Covington on 3/15/2017. (DRW)

Interested in this case?

Current View

Full Text

PageID 792 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CRYSTAL PHILLIPS, Plaintiff, v. Case No. 8:16-cv-2312-T-33PDB NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. _____________________________/ ORDER This matter comes before the Court upon consideration of Defendant Nancy A. Berryhill's, Acting Commissioner of Social Security,1 Unopposed Motion for Entry of Judgment with Remand (Doc. # 17), filed on March 14, 2017. For the reasons below, the Court grants the Motion. Discussion Plaintiff Crystal Phillips initiated this action on August 11, 2016. (Doc. # 1). Prior to the completion of briefing on the substantive issues, the Commissioner filed 1After this suit was filed, but before this Order was entered, Nancy A. Berryhill replaced Carolyn W. Colvin as the Acting Commissioner of Social Security. Accordingly, pursuant to Rule 25(d), Fed. R. Civ. P., and 42 U.S.C. § 405(g), Nancy A. Berryhill is substituted for Carolyn W. Colvin. 1 PageID 793 the present Motion, explaining that further administrative proceedings are needed. In the Motion, the Commissioner requests an order reversing and remanding this action under sentence four of 42 U.S.C. § 405(g). The Commissioner specifies that: The Commissioner believes that remand would be appropriate for the ALJ to further assess Plaintiff's ability to perform her past relevant work and other work in the national economy and, if necessary, obtain supplemental evidence from a vocational expert to assist in this determination. (Doc. # 17 at 1). Upon due consideration, the Court grants the Motion, which is unopposed. This case is remanded for further administrative proceedings consistent with the foregoing. Accordingly, it is ORDERED, ADJUDGED, and DECREED: (1) The Commissioner's Unopposed Motion for Entry of Judgment with Remand (Doc. # 17) is GRANTED. (2) The Clerk is directed to enter judgment in favor of Plaintiff reflecting that this case is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings. (3) Once judgment is entered, the Clerk is directed to CLOSE this case. 2 PageID 794 DONE and ORDERED in Chambers in Tampa, Florida, this 15th day of March, 2017. 3