UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

DANIEL LUKENS,

Plaintiff,

v. Case No. 8:25-cv-2045-CPT

FRANK BISIGNANO, Commissioner of Social Security,1

Defendant. _____________________________/

O R D E R Before the Court is the Defendant Commissioner’s unopposed motion to remand this case pursuant to sentence four of

(g). (Doc. 16). The Commissioner seeks this relief so that, on remand, “the administrative law judge will afford [the] Plaintiff the opportunity for a hearing.”

Sentence four of section 405(g) provides that a “court shall have [the] power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner . . . with or without remanding the cause for a rehearing.”

(g). In a sentence four remand,

1 Mr. Bisignano became the Commissioner of Social Security on May 6, 2025. Pursuant to Federal Rule of Civil Procedure 25(d), Mr. Bisignano is substituted for the former Acting Commissioner, Mr. Leland Dudek, as the Defendant in this suit. the appropriate procedure is for a court to enter a final judgment in the claimant’s favor. Shalala v. Schaefer,

(1993); Jackson v. Chater,

(11th Cir. 1996). In light of the above, it is hereby ORDERED: 1. The Commissioner’s motion (Doc. 16) is granted. 2. The Commissioner’s decision is reversed, and the case is remanded for further proceedings before the Social Security Administration consistent with this Order. 3. The Clerk of Court is directed to enter Judgment in the Plaintiff's favor, to terminate any pending motions, and to close the case. SO ORDERED in Tampa, Florida, this 4th day of December 2025.

Onnereley PA HONORABLE CHRISTOPHER P. TUITE United States Magistrate Judge Copies to: Counsel of record