DANIEL LUKENS
v.
FRANK BISIGNANO, COMMISSIONER OF SOCIAL SECURITY
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In this Social Security appeal, the District Court granted the Commissioner's unopposed motion to remand the case under 42 U.S.C. § 405(g) sentence four for a new hearing before an administrative law judge. The court reversed the Commissioner's prior decision and remanded for further proceedings consistent with proper procedure for sentence four remands.
The court granted the Commissioner's motion to remand. The court reversed the Commissioner's decision and remanded the case for further proceedings before the Social Security Administration. The court entered judgment in Lukens's favor as the appropriate procedure for a sentence four remand.
[1] A court may remand a Social Security case for a rehearing pursuant to sentence four of 42 U.S.C. …
[2] In a sentence four remand of a Social Security case, the appropriate procedure is for the court to enter a final judgment in the claimant's favor.
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Establishes the required procedural mechanism for remands under 42 U.S.C. § 405(g) sentence four.
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Join FLexlaw to unlock all legal intelligenceDaniel Lukens appealed a Social Security decision by the Commissioner. The Commissioner subsequently moved to remand the case to afford Lukens an oppo…
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Before the Court is the Defendant Commissioner’s unopposed motion to remand this case pursuant to sentence four of 42 U.S.C. § 405(g). (Doc. 16). The Commissioner seeks this relief so that, on remand, “the administrative law judge will afford [the] Plaintiff the opportunity for a hearing.” Id. Sentence four of section 405(g) provides that a “court shall have [the] power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner . . . with or without remanding the cause for a rehearing.” 42 U.S.C. § 405(g). In a sentence four remand,
Onnereley PA
HONORABLE CHRISTOPHER P. TUITE
United States Magistrate Judge Copies to: Counsel of record
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Citator
Authorities Cited
- Shalala v. Schaefer, 509 U.S. 292 (U.S. 1993)
- Jackson v. Chater, 99 F.3d 1086 (11th Cir. 1996)