Sotomayor v. Commissioner of Social Security ( 2023 )

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION VINCENT SOTOMAYOR, Plaintiff, v. Case No. 5:23-cv-228-JRK KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. / ORDER1 This cause is before the Court on Defendant’s Unopposed Motion for Entry of Judgment With Remand (Doc. No. 25; “Motion”), filed November 29, 2023, that seeks to have this matter reversed and remanded to the Social Security Administration for further administrative proceedings. Motion at 1-2. Plaintiff has no objection to the Motion, see id. at 2, and such a disposition is clearly within the Court’s authority, see Shalala v. Schaefer, 509 U.S. 292 (1993). Accordingly, it is ORDERED: 1. Defendant’s Unopposed Motion for Entry of Judgment With Remand (Doc. No. 25) is GRANTED. 1 The parties consented to the exercise of jurisdiction by a United States Magistrate Judge. See Notice, Consent, and Reference of a Civil Action to a Magistrate Judge (Doc. No. 9), filed June 1, 2023; Reference Order (Doc. No. 10), entered June 2, 2023. 2. The Clerk of Court is directed to enter judgment REVERSING AND REMANDING this case pursuant to sentence four of 42 U.S.C. § 405(g) with the following instructions: On remand, the agency will offer Plaintiff an opportunity for a new hearing. 3. The Clerk is further directed to close the file. DONE AND ORDERED in Jacksonville, Florida on December 4, 20238. Trewin Boo K Reel JAMES R. KLINDT United States Magistrate Judge kaw Copies: Counsel of Record