Stowe v. Saul

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

DESIREE KATHERINE STOWE,

Plaintiff, No. 3:20-cv-01680 (SRU) v.

ANDREW M. SAUL, Commissioner of Social Security, USA,

Defendant.

ORDER GRANTING COMMISSIONER’S CONSENT MOTION FOR ENTRY OF

JUDGMENT WITH REVERSAL AND REMAND The defendant, Andrew M. Saul, Commissioner of the Social Security Administration, has moved to enter judgment under sentence four of 42 U.S.C. § 405(g), with a reversal and remand of the cause to the Commissioner for further action. See Doc. No. 20. Counsel for the Commissioner represents that he has contacted counsel for the plaintiff who consents to the relief sought in the motion.

Under sentence four of 42 U.S.C. § 405(g), I have the authority to enter a judgment with a reversal and remand of the cause to the Commissioner for further proceedings. See Shalala v. Schaefer, 509 U.S. 292, 297 (1993); Melkonyan v. Sullivan, 501 U.S. 89, 98 (1991). Remand for further development of the record is appropriate when gaps exist in the administrative record or when the administrative law judge (“ALJ”) committed legal error. See Parker v. Harris, 626 F.2d 225, 235 (2d Cir. 1980).

Here, the Commissioner has determined that a remand of the case is necessary because additional administrative action is warranted. Upon remand, the Commissioner will remand the case for further administrative proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g), and the agency will take any other necessary action to complete the record and issue a new decision.

Accordingly, I GRANT the Commissioner’s Consent Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. § 405(g). The Clerk shall enter a judgment of reversal and remand under sentence four of 42 U.S.C. § 405(g), and shall remand the case to the Commissioner for further proceedings consistent with the motion.

So ordered.

Dated at Bridgeport, Connecticut, this 11th day of June 2021.

/s/ STEFAN R. UNDERHILL Stefan R. Underhill United States District Judge