GREEN
v.
COMMISSIONER OF SOCIAL SECURITY
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Green sought judicial review of the Social Security Administration Commissioner's decision denying benefits. The district court granted the Commissioner's unopposed motion to remand for further administrative proceedings under 42 U.S.C. § 405(g), reversing the agency's decision and entering judgment in the plaintiff's favor.
The court granted the Commissioner's motion to remand. The court reversed the Commissioner's decision and remanded the case for further proceedings before the Social Security Administration, while entering final judgment in Green's favor as required by the applicable statute.
[1] A court may grant an unopposed motion to enter judgment in a plaintiff's favor with reversal and remand pursuant to sentence four of 42 U.S.C. …
[2] A court may adopt and confirm a United States Magistrate Judge's report and recommendation in its entirety.
Previewing 2 of 5 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“Sentence four of section 405(g) provides that a "court shall have [the] 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."”
Establishes the statutory authority for the court to remand 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 intelligenceGreen challenged the Commissioner's decision regarding Social Security benefits eligibility. The Commissioner filed an unopposed motion to remand the …
The full statement of facts, procedural history, and disposition for this case are member content.
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v. Case No. 8:23-cv-2650-CPT
COMMISSIONER OF THE
SOCIAL SECURITY ADMINISTRATION,
Defendant. ______________________________________/
O R D E R
Before the Court is Defendant Commissioner’s unopposed motion to remand this action pursuant to sentence four of 42 U.S.C. § 405(g). (Doc. 23). According to the Commissioner, such a remand is necessary “for further administrative proceedings” and is not contested by the Plaintiff. Id. Sentence four of section 405(g) provides that a “court shall have [the] 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.” 42 U.S.C. § 405(g). In a sentence four remand, the appropriate procedure is for a court to enter a final judgment in the claimant’s favor. Shalala v. Schaefer, 509 U.S. 292, 296-97 (1993): Jackson v. Chater, 99 F. 3d 1086, 1095 (11th Cir. 1996). In light of the above, it is hereby ORDERED: 1. The Commissioner’s motion (Doc. 23) is granted. 2. The Commissioner’s decision is reversed, and the case is remanded for further proceedings before the Social Security Administration consistent with this Order. 3. The Clerk of Court is directed to enter Judgment in the Plaintiffs favor, to terminate any pending motions, and to close the case. SO ORDERED in Tampa, Florida, this 20th day of August 2024. (didi Ac&
HONORABLE CHRISTOPHER P. TUITE
United States Magistrate Judge Copies to: Counsel of record
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Shalala v. Schaefer, 509 U.S. 292 (U.S. 1993)
- Jackson v. Chater, 99 F.3d 1086 (11th Cir. 1996)