ROUSSIN
v.
COMMISSIONER OF SOCIAL SECURITY
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In a Social Security benefits case, the District Court granted the Commissioner's unopposed motion to remand for further administrative proceedings, reversing the Commissioner's initial decision denying benefits and instructing the Administrative Law Judge to conduct additional review and provide the claimant a hearing opportunity.
The court granted the Commissioner's unopposed motion, reversed the Commissioner's decision denying benefits, and remanded the case pursuant to 42 U.S.C. § 405(g) for further proceedings before the Administrative Law Judge.
[1] A court may reverse and remand a social security case for rehearing pursuant to 42 U.S.C. …
[2] A court may grant an unopposed motion for entry of judgment with remand in a social security case.
Previewing 2 of 4 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“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 statutory authority for the court's power to reverse and remand Social Security cases for further administrative proceedings.
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Join FLexlaw to unlock all legal intelligencePlaintiff sought Social Security benefits. The Commissioner's Administrative Law Judge denied the benefits claim. The Commissioner subsequently filed …
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Before the Court is the Commissioner’s Unopposed Motion for Entry of Judgment With Remand. (Doc. 18.) The Commissioner believes that remand is appropriate to instruct the Administrative Law Judge to: (1) further evaluate the prior administrative findings; (2) offer Plaintiff the opportunity for a hearing; (3) take any further action needed to complete the administrative record; and (4) issue a new decision. (Id. at 1.) Plaintiff consents to the relief requested. Under 42 U.S.C. § 405(g), the Court has the power to enter judgment, reversing and remanding a social security case for rehearing. See Shalala v. Schaefer, 509 U.S. 292, 296-98 (1993); Melkonyan v. Sullivan, 501 U.S. 89, 101- 02 (1991). The Commissioner’s request for remand is appropriate, and given Plaintiff’s consent, it will be granted. Accordingly, it is now ORDERED: 1. The Commissioner’s Unopposed Motion for Entry of Judgment With Remand (Doc. 18) is GRANTED. 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. ORDERED in Fort Myers, Florida on April 2, 2024.
i a we _— ee F J Lyte 6 a * Wale C. Dudek United States Magistrate Judge
Copies: All Parties of Record
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Citator
Authorities Cited
- Shalala v. Schaefer, 509 U.S. 292 (U.S. 1993)
- Melkonyan v. Sullivan, 501 U.S. 89 (U.S. 1991)