CANNON
v.
COMMISSIONER OF SOCIAL SECURITY
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The District Court granted the Commissioner of Social Security's unopposed motion to remand a Social Security disability case for further administrative proceedings. The court entered judgment for the plaintiff and directed the case back to an administrative law judge to reevaluate medical findings consistent with applicable regulations.
The court granted the Commissioner's unopposed motion for entry of judgment with remand. The case is remanded to an administrative law judge to reevaluate prior administrative medical findings consistent with applicable regulations, address any inconsistencies, offer the plaintiff an opportunity for a supplemental hearing, and issue a new decision.
“The 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], with or without remanding the cause for a rehearing.”
This quote establishes the statutory authority under which the district court could remand the case to the administrative law judge for further proceedings.
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Join FLexlaw to unlock all legal intelligenceThis is a Social Security disability benefits case brought by Cannon against the Commissioner of Social Security. The Commissioner moved for remand un…
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The Commissioner of Social Security (Commissioner) moves to remand this case for further action under sentence four of 42 U.S.C. § 405(g). (Doc. 20). This request is unopposed. (Id., p. 2).
The Commissioner requests remand with entry of judgment for these reasons:
On remand, the case will be remanded to an administrative law judge who will evaluate the prior administrative medical findings consistent with 20 C.F.R. §§ 404.1520c, 416.920c, addressing any inconsistencies, offer Plaintiff an opportunity for a supplemental hearing, and issue a new decision.
(Id. at p. 1). Section 405(g) of the Social Security Act provides “[t]he 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], with or without remanding the cause for a rehearing." See
Shalala v. Schaefer, 509 U.S. 292 (1993).
Accordingly, the Commissioner's unopposed motion for entry of judgment with remand (Doc. 20) is GRANTED. The Clerk of Court is DIRECTED to enter judgment in favor of Plaintiff and close the file.
ENTERED in Tampa, Florida, on January 8, 2025.
Amanda Arnold Samone AMANDA ARNOLD SANSONE United States Magistrate Judge