BOSTICK
v.
COMMISSIONER OF SOCIAL SECURITY
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Bostick appeals a Social Security Administration benefits determination. The Commissioner moved to remand the case for a new hearing, which the district court granted, entering judgment in favor of the plaintiff and directing remand to the agency.
The court granted the Commissioner's motion to remand with entry of judgment in favor of the plaintiff, directing the Clerk of Court to enter such judgment and close the file.
“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.”
Establishes the statutory authority under 42 U.S.C. § 405(g) for the court to remand a Social Security case for further proceedings.
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Join FLexlaw to unlock all legal intelligenceGwendolyn Bostick filed suit challenging a Social Security Administration benefits decision. The Commissioner moved to remand the case for further act…
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-2239-AAS
MARTIN O’MALLEY, Commissioner of Social Security Administration,
Defendant. _____________________________________/
ORDER
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. 26). Plaintiff Gwendolyn Bostick did not respond and the time for doing so has expired. See Local Rule 3.01(c), M.D. Fla (“A party may respond to a motion within fourteen days after service of the motion. . . . If a party fails to timely respond, the motion is subject to treatment as unopposed.”). The Commissioner requests remand with entry of judgment to “offer [Ms. Bostick] an opportunity for a new hearing.” (Doc. 26, 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 motion for entry of judgment with remand (Doc. 26) is GRANTED. The Clerk of Court is DIRECTED to enter judgment in favor of the plaintiff and close the file. ENTERED in Tampa, Florida on May 20, 2024. Aranda. Ayre Somme,
AMANDA ARNOLD SANSONE
United States Magistrate Judge