MOBLEY AIZENSHTAT
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 for remand, reversing the ALJ's decision denying benefits and remanding for further proceedings. The Commissioner requested remand to reevaluate evidence in accordance with agency regulations, complete the administrative record, and issue a new decision.
The court granted the Commissioner's unopposed motion for remand pursuant to 42 U.S.C. § 405(g), reversing the ALJ's decision denying benefits and remanding for further proceedings, including reevaluation of evidence and opportunity for a new hearing if needed.
“Under 42 U.S.C. § 405(g), the Court has the power to enter judgment, reversing and remanding a social security case for rehearing.”
Establishes the legal basis for the court's authority to grant the remand motion
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Join FLexlaw to unlock all legal intelligencePlaintiff Mobley Aizenshtat applied for Social Security benefits. An Administrative Law Judge (ALJ) issued a decision denying the benefits claim. The …
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2. The Commissioner’s decision denying benefits is REVERSED and this case is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. 3. The Clerk is DIRECTED to enter judgment, terminate all deadlines, deny all pending motions as moot, and close the file. ENTERED in Fort Myers, Florida on November 18, 2024.
i i i oe _— Le 6b. le?” * Kale C. Dudek United States Magistrate Judge
Copies: All Parties of Record
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- Shalala v. Schaefer, 509 U.S. 292 (U.S. 1993)
- Melkonyan v. Sullivan, 501 U.S. 89 (U.S. 1991)