Vaccarino v. O'Malley

United States District Court for the Middle District of Florida

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

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