Kimberly Ann Pratt V Frank Bisignano Commissioner Of Social Security

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Automated Summary

Key Facts

This is a court order from the United States District Court, Middle District of Florida, granting Defendant's Unopposed Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. § 405(g) with Remand to Defendant. The court reversed and remanded the case to the Social Security Administration for further administrative proceedings, instructing the Appeals Council to direct the Administrative Law Judge to obtain supplemental evidence from a vocational expert to clarify the effect of assessed limitations on the claimant's occupational base. The ALJ will identify appropriate job examples and their incidence in the national economy before issuing a new decision.

Issues

The court granted the Defendant's Unopposed Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. § 405(g) with Remand to Defendant. The case was reversed and remanded to the Social Security Administration for further administrative proceedings. On remand, the Appeals Council will instruct the Administrative Law Judge to obtain supplemental evidence from a vocational expert to clarify the effect of the assessed limitations on the claimant's occupational base, identify examples of appropriate jobs, and state the incidence of such jobs in the national economy.

Holdings

The court granted Defendant's Unopposed Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. § 405(g) with Remand to Defendant, ordering the case reversed and remanded to the Social Security Administration. The Appeals Council is instructed to direct the Administrative Law Judge to obtain supplemental evidence from a vocational expert to clarify the effect of assessed limitations on the claimant's occupational base, identify appropriate jobs, and state their incidence in the national economy. The Clerk is directed to close the file.

Remedies

The Court granted Defendant's Unopposed Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. § 405(g) with Remand to Defendant. The Clerk is directed to enter judgment reversing and remanding this case to the Social Security Administration. On remand, the Appeals Council will instruct the Administrative Law Judge to obtain supplemental evidence from a vocational expert to clarify the effect of assessed limitations on the claimant's occupational base, identify appropriate jobs, and state their incidence in the national economy. The Administrative Law Judge will take further action to complete the administrative record and issue a new decision. The Clerk is further directed to close the file.

Legal Principles

The court applied the standard of review under 42 U.S.C. § 405(g), sentence four, which grants the court authority to reverse and remand Social Security Administration decisions for further administrative proceedings when there is a substantial error or the record requires additional evidence.

Precedent Name

Shalala v. Schaefer

Cited Statute

Social Security Act

Judge Name

James R. Klindt

Passage Text

  • Defendant's Unopposed Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. § 405(g) with Remand to Defendant (Doc. No. 11) is GRANTED.
  • On remand, the Appeals Council will instruct the Administrative Law Judge to obtain supplemental evidence from a vocational expert to clarify the effect of the assessed limitations on the claimant's occupational base (Social Security Ruling(s) 83-14 and 96-9p). The Administrative Law Judge will ask the vocational expert to identify examples of appropriate jobs and to state the incidence of such jobs in the national economy. The Administrative Law Judge will take any further action needed to complete the administrative record and issue a new decision.