LAMAR v. COMMISSIONER OF SOCIAL SECURITY

United States District Court for the Middle District of Georgia

LAMAR v. COMMISSIONER OF SOCIAL SECURITY

Trial Court Opinion

THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION

J.L., : : Plaintiff, : Case No.: 5:24-cv-00249-CAR-CHW : v. : : Social Security Appeal COMMISSIONER OF : SOCIAL SECURITY, : : Defendant. : :

ORDER

The Commissioner of Social Security has moved, under sentence four of

42 U.S.C. § 405

(g),1 for entry of judgment to remand the case for further administrative action. [Doc. 10]. In light of that request, to which the Plaintiff lodged no opposition, the Court hereby GRANTS the Commissioner’s Consent Motion to Remand [Doc. 10] and REVERSES and REMANDS the Commissioner’s decision under sentence four of

42 U.S.C. § 405

(g). See Shalala v. Schafer,

509 U.S. 292

(1993); Melkonyan v. Sullivan,

501 U.S. 89

(1991). On remand, the Commissioner, through the ALJ, will offer Plaintiff an opportunity for a supplemental hearing and issue a new decision. The Clerk of Court will enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. SO ORDERED, this 19th day of November, 2024.

s/ C. Ashley Royal C. ASHLEY ROYAL, SENIOR JUDGE UNITED STATES DISTRICT COURT

1 Sentence four of § 405(g) provides: “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).

Reference

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