HOUSE
v.
COMMISSIONER OF SOCIAL SECURITY
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House appealed a Social Security Administration disability benefits denial. The district court granted the Commissioner's unopposed motion to remand the case for a new hearing, entering judgment in favor of the plaintiff.
The court granted the Commissioner's unopposed motion to remand and entered judgment in favor of the plaintiff, allowing for a new hearing before the Social Security Administration.
“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 of district courts to remand Social Security cases for new hearings under 42 U.S.C. § 405(g)
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Join FLexlaw to unlock all legal intelligenceThe plaintiff House sought judicial review of a Social Security Administration decision denying disability benefits. The Commissioner moved to remand …
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v. Case No.: 8:23-cv-2562-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. 24). This request is unopposed. (Id., p. 1). The Commissioner requests remand with entry of judgment to provide the plaintiff an opportunity for a new hearing. (Id.). 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 unopposed motion for entry of judgment with remand (Doc. 24) is GRANTED. The Clerk is directed to enter judgment in favor of the plaintiff and close the file. ORDERED in Tampa, Florida on May 22, 2024. Aranda. Ayroh Sang
AMANDA ARNOLD SANSONE
United States Magistrate Judge