DENNISON
v.
COMMISSIONER OF SOCIAL SECURITY
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In this Social Security disability benefits case, the District Court granted the Commissioner's unopposed motion to reverse and remand for further administrative proceedings, instructing the Appeals Council to afford the plaintiff a hearing before an Administrative Law Judge and allow completion of the administrative record.
The Court granted the Commissioner's unopposed motion and reversed and remanded the case to the Social Security Administration for further proceedings, including offering the plaintiff an opportunity for a hearing, completing the administrative record, and issuing a new decision.
[1] A court may grant an unopposed motion for reversal and remand of a Social Security Administration case for further administrative proceedings.
[2] A court has the authority to reverse and remand a Social Security Administration case pursuant to sentence four of 42 U.S.C. …
Previewing 2 of 3 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 Social Security cases under established precedent.
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Join FLexlaw to unlock all legal intelligencePlaintiff Dennison filed a Social Security disability benefits claim. The case proceeded through initial administrative proceedings before reaching th…
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This cause is before the Court on Defendant’s Unopposed Motion for Entry of Judgment with Remand (Doc. No. 17; “Motion”), filed December 23, 2024, 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. Defendant’s Unopposed Motion for Entry of Judgment with Remand (Doc. No. 17) is GRANTED.
1 Carolyn W. Colvin became the Acting Commissioner of Social Security on November 30, 2024. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn W. Colvin 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: On remand, the Appeals Council will instruct the Administrative Law Judge to: (1) offer Plaintiff the opportunity for a hearing; (2) take any further action needed to complete the administrative record; and (8) issue a new decision.
3. The Clerk is further directed to close the file.
DONE AND ORDERED in Jacksonville, Florida on January 3, 2025.
Trewin Boo K Reel
JAMES R. KLINDT
United States Magistrate Judge
kaw Copies: Counsel of Record