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Case No.: 5:20cv42/TKW/EMT

UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

SHELIA RENE VANN,

Plaintiff,

vs. Case No.: 5:20cv42/TKW/EMT

ANDREW SAUL,

Commissioner of Social Security,

Defendant.

_____________________________/

REPORT AND RECOMMENDATION

Plaintiff filed this action under the Social Security Act seeking judicial review 

of Defendant’s decision denying her claim for Disability Insurance Benefits (ECF 

No. 1). The matter is before the court on Defendant’s “Unopposed Motion for 

Entry of Judgment Under Sentence Four of 42 U.S.C. § 405(g) with Remand to the 

Defendant” (ECF No. 27). Defendant has certified Plaintiff has no objection to the

motion (id.).

Sentence four of section 405(g) states that “[t]he court shall have power to 

enter, upon the pleadings and transcript of the record, a judgment affirming, 

modifying, or reversing the decision of the Commissioner of Social Security, with 

or without remanding the cause for a rehearing.” 42 U.S.C. § 405(g). Here, the

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Case No.: 5:20cv42/TKW/EMT

Commissioner states that remand is appropriate so an Administrative Law Judge 

“may further evaluate the evidence of record” by obtaining

supplemental vocational expert evidence to determine whether there are 

a significant number of jobs in the national economy that Plaintiff can

perform; identify and resolve any conflicts between the occupational 

evidence provided by the vocational expert and information in the 

Dictionary of Occupational Titles; elicit testimony from the vocational 

expert regarding the vocational expert’s basis for determining the 

number of jobs cited; give Plaintiff an opportunity for a hearing; and 

issue a new decision for the period prior to March 2, 2011.

(ECF No. 27 at 1–2). Based on the foregoing, the undersigned finds that the 

decision of the Commissioner should be reversed and the matter remanded as 

requested.

Accordingly, it is respectfully RECOMMENDED:

1. That “Defendant’s Unopposed Motion for Entry of Judgment Under 

Sentence Four of 42 U.S.C. § 405(g) with Remand to the Defendant” (ECF No. 27) 

be GRANTED.

2. That JUDGMENT be entered in favor of Plaintiff under Fed. R. Civ. 

P. 58 REVERSING the Commissioner’s decision pursuant to sentence four of 42 

U.S.C. § 405(g) and REMANDING the case for further administrative proceedings.

3. That the Clerk be directed to close the file.

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Case No.: 5:20cv42/TKW/EMT

At Pensacola, Florida, this 1st day of February 2021.

/s/ Elizabeth M. Timothy 

 ELIZABETH M. TIMOTHY

 CHIEF UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES

Objections to these proposed findings and recommendations must be 

filed within fourteen days of the date of the Report and Recommendation. Any 

different deadline that may appear on the electronic docket is for the court’s 

internal use only and does not control. An objecting party must serve a copy 

of the objections on all other parties. A party who fails to object to the 

magistrate judge’s findings or recommendations contained in a report and 

recommendation waives the right to challenge on appeal the district court’s 

order based on unobjected-to factual and legal conclusions. See 11th Cir. Rule 

3-1; 28 U.S.C. § 636.

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