LAUNIKITIS
v.
COMMISSIONER OF SOCIAL SECURITY
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A Social Security disability benefits claimant challenged the Commissioner's denial of benefits. The court granted the Commissioner's unopposed motion to remand the case for further administrative proceedings, including a supplemental hearing and new decision.
The court granted the unopposed motion to remand. The Commissioner will provide the claimant with an opportunity for a supplemental hearing, complete the administrative record, and issue a new decision.
“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”
Establishes the statutory authority under 42 U.S.C. § 405(g) for the court to remand Social Security cases for further administrative proceedings
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceLaunikitis sought Social Security disability benefits, which were denied by the Commissioner of Social Security. The case proceeded to judicial review…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
The Commissioner moves unopposed, Doc. 15, to remand this action for further proceedings under sentence four of 42 U.S.C. § 405(g), which says that the reviewing 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.” See Shalala v. Schaefer, 509 U.S. 292, 296 (1993). On remand, the defendant will offer the plaintiff the opportunity for a supplemental hearing, complete the administrative record, and issue a new decision. Accordingly, the unopposed motion, Doc. 15, is GRANTED and this action is REMANDED to the Commissioner under sentence four of 42 U.S.C. § 405(g) for further proceedings. The Clerk is directed (1) to enter a judgment in favor of the plaintiff and against the defendant, (2) to terminate any pending motions, and (3) to close the case. ORDERED on this 24th day of February, 2025.
I \ 2 a
NDSAY S. GRIKF
United States Magistrate Judge