Filed: Jul. 23, 2015
Latest Update: Jul. 23, 2015
Summary: MEMORANDUM OPINION AND ORDER BERT W. MILLING, Jr. , Magistrate Judge . In this action under 42 U.S.C. 405(g), Plaintiff seeks judicial review of an adverse social security ruling that denied a claim for disability insurance benefits (Doc. 11). Defendant has filed a Motion to Remand, seeking judgment under sentence four of 42 U.S.C. 405(g) with remand of the cause to the Defendant (Doc. 14). Defendant has stated that Plaintiff's Attorney has no objection to the motion (Doc. 14). In her
Summary: MEMORANDUM OPINION AND ORDER BERT W. MILLING, Jr. , Magistrate Judge . In this action under 42 U.S.C. 405(g), Plaintiff seeks judicial review of an adverse social security ruling that denied a claim for disability insurance benefits (Doc. 11). Defendant has filed a Motion to Remand, seeking judgment under sentence four of 42 U.S.C. 405(g) with remand of the cause to the Defendant (Doc. 14). Defendant has stated that Plaintiff's Attorney has no objection to the motion (Doc. 14). In her M..
More
MEMORANDUM OPINION AND ORDER
BERT W. MILLING, Jr., Magistrate Judge.
In this action under 42 U.S.C. § 405(g), Plaintiff seeks judicial review of an adverse social security ruling that denied a claim for disability insurance benefits (Doc. 11).
Defendant has filed a Motion to Remand, seeking judgment under sentence four of 42 U.S.C. § 405(g) with remand of the cause to the Defendant (Doc. 14). Defendant has stated that Plaintiff's Attorney has no objection to the motion (Doc. 14). In her Motion, Defendant states that "the Commissioner's final decision will be vacated, and a new decision will be issued" (Doc. 14, p. 2).
The Court finds that this is a tacit admission that Holcombe's application was not appropriately considered and that this action should be reversed. Without reviewing the substantive evidence of record, this Court accepts Defendant's acknowledgment of error.
It appears to the Court that the decision of the Secretary should be reversed and remanded. Such remand comes under sentence four of 42 U.S.C. § 405(g). See Melkonyan v. Sullivan, 501 U.S. 89 (1991).
Therefore, it is ORDERED, without objection from Plaintiff, that Defendant's Motion to Remand under sentence four be GRANTED (Doc. 14) and that this action be REVERSED and REMANDED to the Social Security Administration for further administrative proceedings not inconsistent with the orders of this Court. Judgment will be entered by separate order.
