PEREZ ADAMES
v.
COMMISSIONER OF SOCIAL SECURITY
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Perez Adames sought judicial review of a Social Security Administration decision denying benefits. The District Court granted an unopposed motion to reverse and remand the case to the SSA for further administrative proceedings and a new hearing before an Administrative Law Judge.
The Court granted the unopposed motion for reversal and remand, directing the Appeals Council to instruct the Administrative Law Judge to take any necessary action to complete the administrative record, hold a new hearing, and issue a new decision.
[1] A court has the authority to reverse and remand a Social Security Administration case for further administrative proceedings.
[2] A court may grant an unopposed motion for entry of judgment with remand.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Such a disposition is clearly within the Court's authority. See Shalala v. Schaefer, 509 U.S. 292 (1993).”
Establishes the legal basis for the Court's authority to reverse and remand SSA decisions.
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Join FLexlaw to unlock all legal intelligencePerez Adames challenged a Social Security Administration decision regarding disability benefits. The case proceeded through administrative proceedings…
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This cause is before the Court on the Unopposed Motion for Entry of Judgment with Reversal and Remand of the Cause to the Defendant (Doc. No. 20; “Motion”), filed March 5, 2025, that seeks to have this matter reversed and remanded to the Social Security Administration for further administrative proceedings. Motion at 1. Such a disposition is clearly within the Court’s authority. See Shalala v. Schaefer, 509 U.S. 292 (1993). Accordingly, it is ORDERED: 1. The Unopposed Motion for Entry of Judgment with Reversal and Remand of the Cause to the Defendant (Doc. No. 20) is GRANTED.
1 Leland C. Dudek became the Acting Commissioner of Social Security in February 2025. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Mr. Dudek is substituted as Defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). 2. The Clerk of Court is directed to enter judgment REVERSING AND REMANDING this case pursuant to sentence four of 42 U.S.C. § 405(g) with the following instructions: Upon remand, the Appeals Council will instruct the Administrative Law Judge to take any necessary action to complete the administrative record, hold a new hearing, and issue a new decision.
3. The Clerk is further directed to close the file.
DONE AND ORDERED in Jacksonville, Florida on April 1, 2025.
Trewin Boo K Reel
JAMES R. KLINDT
United States Magistrate Judge
kaw Copies: Counsel of Record