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Charles Gresham, Iii v. Michael J Astrue

December 30, 2010

CHARLES GRESHAM, III, PLAINTIFF,
v.
MICHAEL J ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: Gary R. Jones United States Magistrate Judge

REPORT AND RECOMMENDATION

Pending before the Court is Doc. 32, Defendant's Motion to Remand. Defendant requests the Court to remand this case pursuant to sentence four of 42 U.S.C. § 405(g) to the Commissioner for further administrative proceedings.*fn1 Pursuant to Local Rule 7.1(b), counsel for Defendant represents that he has conferred with counsel for Plaintiff and Plaintiff does not object to the relief requested.

Title 42, United States Code, Section 405(g), empowers the Court to reverse the decision of the Commissioner with or without remanding the cause for a rehearing.*fn2

Where the district court cannot discern the basis for the Commissioner's decision, a sentence four remand may be appropriate to allow him to explain the basis for his decision.*fn3 On remand under sentence four, the administrative law judge ("ALJ") should review the case on a complete record, including any new material evidence.

Following a careful review of the record and the parties' briefs, the Court agrees that it is appropriate to remand this matter to the Commissioner. The ALJ's decision fails to provide sufficient reasoning for the Court to determine whether the Commissioner's decision to deny benefits is supported by substantial evidence.

Accordingly, it is respectfully RECOMMENDED that Defendant's Motion to Remand (Doc. 32) be GRANTED, and that the Commissioner's decision denying benefits to Plaintiff be REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) so that an ALJ may further evaluate the nature and severity of Plaintiff's impairments, and issue a decision fully explaining the disposition of Plaintiff's claims. On remand the ALJ should be instructed to assess thoroughly the effects of Plaintiff's mental impairments, including Plaintiff's limitations in social functioning, on Plaintiff's ability to perform work-related activities. The Clerk should be directed to enter judgment accordingly, terminate any pending motions, and close the file.

IN CHAMBERS, at Gainesville, Florida, this 30th day of December 2010.

NOTICE TO THE PARTIES

A party may file specific, written objections to the proposed findings and recommendations within 14 days after being served with a copy of this report and recommendation. A party may respond to another party's objections within 14 days after being served with a copy thereof. Failure to file specific ...


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