Filed: Jun. 15, 2018
Latest Update: Jun. 15, 2018
Summary: MEMORANDUM OPINION AND ORDER 2 P. BRADLEY MURRAY , Magistrate Judge . This matter is before the Court on the Deputy Commissioner for Operations' unopposed motion to reverse and remand this action pursuant to sentence four of 42 U.S.C. 405(g) ( see Doc. 21), filed June 12, 2018. 3 In her motion, the Deputy Commissioner for Operations represents that it is her belief that this case should be remanded to the Commissioner of Social Security for further administrative proceedings but does
Summary: MEMORANDUM OPINION AND ORDER 2 P. BRADLEY MURRAY , Magistrate Judge . This matter is before the Court on the Deputy Commissioner for Operations' unopposed motion to reverse and remand this action pursuant to sentence four of 42 U.S.C. 405(g) ( see Doc. 21), filed June 12, 2018. 3 In her motion, the Deputy Commissioner for Operations represents that it is her belief that this case should be remanded to the Commissioner of Social Security for further administrative proceedings but does n..
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MEMORANDUM OPINION AND ORDER2
P. BRADLEY MURRAY, Magistrate Judge.
This matter is before the Court on the Deputy Commissioner for Operations' unopposed motion to reverse and remand this action pursuant to sentence four of 42 U.S.C. § 405(g) (see Doc. 21), filed June 12, 2018.3 In her motion, the Deputy Commissioner for Operations represents that it is her belief that this case should be remanded to the Commissioner of Social Security for further administrative proceedings but does not state the specific grounds upon which the request for remand is based (see id. at 1 (noting only this Court's power to enter a judgment remanding this action to the Commissioner of Social Security for further proceedings)); therefore, the Court simply ORDERS that the Deputy Commissioner for Operations, on remand, direct the Administrative Law Judge (ALJ) assigned to this case to address all issues identified by Plaintiff in his brief (see Doc. 13), as well as any other issues raised by Plaintiff on remand.
The plain language of sentence four of 42 U.S.C. § 405(g) empowers this Court "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." The Defendant's unopposed motion (Doc. 21) is GRANTED and the decision of the Commissioner of Social Security denying Plaintiff benefits is reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g), see Melkonyan v. Sullivan, 501 U.S. 89, 111 S.Ct. 2157, 115 L.Ed.2d 78 (1991), for further proceedings not inconsistent with this decision. The remand pursuant to sentence four of § 405(g) makes Plaintiff a prevailing party for purposes of the Equal Access to Justice Act, 28 U.S.C. § 2412, see Shalala v. Schaefer, 509 U.S. 292, 112 S.Ct. 2625, 125 L.Ed.2d 239 (1993), and terminates this Court's jurisdiction over this matter.