STINSON v. COMMISSIONER OF SOCIAL SECURITY

United States District Court for the Middle District of Georgia

STINSON v. COMMISSIONER OF SOCIAL SECURITY

Trial Court Opinion

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

S. S., : : Plaintiff, : Case No.: 5:24-cv-271-MTT-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 lodges no opposition, the Court hereby grants the motion 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 will take any necessary action to complete the administrative record, offer Plaintiff the opportunity for a 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 3rd day of January, 2025.

s/ Marc T. Treadwell MARC T. TREADWELL, 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

Status
Unknown