Rall v. Comm'r of Soc. Sec.

Full title: KRISTIN KAYLA RALL, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY…

Court: United States District Court, Middle District of Florida

Date published: Oct 26, 2021

6:21-cv-146-GKS-LRH (M.D. Fla. Oct. 26, 2021)

Opinion

6:21-cv-146-GKS-LRH

10-26-2021

KRISTIN KAYLA RALL, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

LESLIE R. HOFFMAN, UNITED STATES MAGISTRATE JUDGE

REPORT AND RECOMMENDATION ¹

1 On July 26, 2021, the parties filed a completed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge, Doc. 18, but that consent has not yet been approved by the presiding District Judge.

LESLIE R. HOFFMAN, UNITED STATES MAGISTRATE JUDGE

TO THE UNITED STATES DISTRICT COURT:

This cause came on for consideration without oral argument on the following motion filed herein:

MOTION: UNOPPOSED MOTION FOR ENTRY OF JUDGMENT WITH REMAND (Doc. 22)

FILED: October 22, 2021

THEREON it is RECOMMENDED that the motion be GRANTED.

The Commissioner of Social Security moves to remand this case pursuant to sentence four of 42 U.S.C. § 405(g), so that the following may occur:

On remand, the Administrative Law Judge will obtain supplemental vocational evidence, resolve any inconsistencies between the vocational evidence and the Dictionary of Occupational Titles as outlined in Social Security Ruling 00-4p. The Administrative Law Judge will update the administrative record, offer Plaintiff the opportunity for a hearing, and issue a new decision.

(Doc. 22). Plaintiff has no objection to the motion. (Id.). Upon consideration, the undersigned finds the request well taken.

Accordingly, it is RESPECTFULLY RECOMMENDED that the Court:

1. GRANT the Commissioner's Unopposed Motion for Entry of Judgment with Remand (Doc. 22);

2. REVERSE and REMAND the final decision of the Commissioner for further proceedings pursuant to sentence four of § 405(g) for the abovestated reason; and

3. DIRECT the Clerk of Court to enter judgment in favor of Plaintiff and against the Commissioner, and thereafter CLOSE this case.

NOTICE TO PARTIES

A party has fourteen days from the date the Report and Recommendation is served to serve and file written objections to the Report and Recommendation's factual findings and legal conclusions. Failure to serve 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. 11^th Cir. R. 3-1. If the parties have no objection to this Report and Recommendation, they may promptly file a joint notice of no objection. 3