Vaccarino v. O'Malley
Vaccarino v. O'Malley
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
JENNIFER VACCARINO,
Plaintiff,
v. Case No.: 8:24-cv-1379-SDM-LSG
MARTIN O’MALLEY, Commissioner of Social Security,
Defendant. _______________________________/
ORDER
The defendant moves unopposed, Doc. 15, to remand this action for further proceedings under sentence four of
42 U.S.C. § 405(g), which says that the reviewing 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.” See Shalala v. Schaefer,
509 U.S. 292, 296(1993). On remand, the defendant will offer the plaintiff the opportunity for a supplemental hearing and will issue a new decision. Accordingly, the unopposed motion, Doc. 15, is GRANTED and this action is REMANDED to the Commissioner under sentence four of
42 U.S.C. § 405(g) for further proceedings. The Clerk is directed (1) to enter a judgment in favor of the plaintiff and against the defendant, (2) to terminate any pending motion, and (3) to close the case. ORDERED on this 7th day of November, 2024. 4 et 2 ( NDSAY S. GRIRF United States Magistrate Judge
Reference
- Status
- Unknown