Saulsberry v. O'Malley (CONSENT)

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION CHRISTOPHER SAULSBERRY, ) ) Plaintiff, ) ) v. ) CASE NO. 1:20-cv-740-JTA ) (WO) ANDREW SAUL, ) Commissioner of Social ) Security, ) ) Defendant. ) MEMORANDUM OPINION AND ORDER Before the Court is the Consent Motion for Entry of Judgment under Sentence Four of 42 U.S.C. § 405(g) with Remand of the Cause to Defendant filed by the Commissioner of Social Security (“Commissioner”) on June 17, 2021. (Doc. No. 17.) In his Memorandum in Support of his Consent Motion, the Commissioner states remand is appropriate so the agency can further consider the evidence, take any other administration action deemed necessary, and issue a new decision. (Doc. No. 18 at 1.)

Sentence four of 42 U.S.C. § 405(g) authorizes the district court 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). The district court may remand a case to the Commissioner for a rehearing if the court finds “either . . . the decision is not supported by substantial evidence, or . . . the Commissioner or the ALJ incorrectly applied the law relevant to the disability claim.” Jackson v. Chater, 99 F.3d 1086, 1092 (11th Cir. 1996).

Here, the Court finds remand necessary as the Commissioner concedes further consideration of evidence and a new decision are in order. Moreover, Plaintiff does not oppose the motion. (See Doc. No. 17.) Further, pursuant to 28 U.S.C. § 636(c)(1) and Rule 73 of the Federal Rules of Civil Procedure, the parties have consented to the full jurisdiction of the undersigned United States Magistrate Judge. (Docs. No. 9, 10.)

Accordingly, it is hereby ORDERED as follows: 1. The Commissioner’s motion (Doc. No. 17) is GRANTED.

2. The decision of the Commissioner is hereby REVERSED.

3. This matter is hereby REMANDED to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g).

A separate final judgment will issue.

DONE this 21st day of June, 2021.

UWITED STATES MAGISTRATE JUDGE