Cappello v. Acting Commissioner of Social Security
Cappello v. Acting Commissioner of Social Security
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
CASE NO. 23-cv-14301-MAYNARD
JENNIFER CAPPELLO,
Plaintiff,
v.
ACTING COMMISSIONER OF SOCIAL SECURITY,
Defendant. _____________________________/
ORDER GRANTING UNOPPOSED MOTION TO REMAND
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
Reference
- Status
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