CAPPELLO
v.
ACTING COMMISSIONER OF SOCIAL SECURITY
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This case involves judicial review of a Social Security Administration decision denying the plaintiff's claim for disability insurance benefits. The court granted the defendant's unopposed motion to reverse the Commissioner's decision and remand for further proceedings under 42 U.S.C. § 405(g).
The court reversed the Commissioner's decision and remanded the case to the Commissioner for further proceedings and specific development of the record.
[1] A court may enter a judgment affirming, modifying, or reversing a decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing, under sentence four of 42 U.S.C. …
[2] An unopposed motion to reverse and remand a Social Security disability benefits claim under sentence four of 42 U.S.C. …
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Join FLexlaw to unlock all legal intelligence“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”
Establishes the court's statutory authority under 42 U.S.C. § 405(g) to reverse and remand administrative decisions
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Join FLexlaw to unlock all legal intelligencePlaintiff initiated this action under the Social Security Act to obtain judicial review of the defendant Commissioner's final decision denying the pla…
The full statement of facts, procedural history, and disposition for this case are member content.
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THIS CAUSE is before me upon Defendant’s Unopposed Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. § 405(g) with Remand to Defendant. DE 18. Having reviewed the record and being duly advised, the Motion is GRANTED. This action was initiated under the Social Security Act to obtain judicial review of Defendant’s final decision denying Plaintiff’s claim for disability insurance benefits. Defendant has filed an unopposed motion to reverse and remand this case under sentence four of 42 U.S.C. § 405(g).
See Shalala v. Schaefer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991).
Under sentence four of section 405(g), 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 of Social Security, with or without remanding the cause for a rehearing.” 42 U.S.C. § 405(g).
Pursuant to this power of the Court under section 405(g) and having considered Defendant’s unopposed request to remand this action for further specific development of the record, I hereby reverse the Commissioner’s decision and remand this case to the Commissioner for further proceedings.
Accordingly, Defendant’s Unopposed Motion, DE 18, is GRANTED as follows: 1. Defendant’s administrative decision is REVERSED and this case is REMANDED to the Commissioner under sentence four of 42 U.S.C. § 405(g) for further proceedings.
2. All pending motions are DENIED AS MOOT.
3. I will enter a separate final judgment consistent with this Order pursuant to Federal Rule of Civil Procedure Rule 58. DONE AND ORDERED in Chambers at Fort Pierce, Florida, this 6th day of May, 2024.
Seensse Vengo
SHANIEK MILLS MAYNARD
U.S. MAGISTRATE JUDGE
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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)