LAMAR v. COMMISSIONER OF SOCIAL SECURITY
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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