VACCARINO
v.
O'MALLEY
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 benefits claimant sought judicial review of the Commissioner's denial decision. The court granted the unopposed motion to remand the case to the Commissioner for supplemental proceedings and a new decision under 42 U.S.C. § 405(g).
The court granted the unopposed motion to remand and remanded the action to the Commissioner for further proceedings. On remand, the Commissioner will provide the plaintiff with a supplemental hearing opportunity 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 court's authority under 42 U.S.C. § 405(g) to remand Social Security cases for rehearing
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePlaintiff Vaccarino challenged the Commissioner of Social Security's decision denying Social Security benefits. The Commissioner moved unopposed to re…
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.
Explore caselaw by topic → Browse Social Security Act Judicial Review cases and more on FLexlaw
v. Case No.: 8:24-cv-1379-SDM-LSG
MARTIN O’MALLEY, Commissioner of Social Security,
Defendant. _______________________________/
ORDER
The defendant 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 and will 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 motion, and (3) to close the case. ORDERED on this 7th day of November, 2024. 4 et 2 (
NDSAY S. GRIRF
United States Magistrate Judge