KURTZ v. COMMISSIONER OF SOCIAL SECURITY
KURTZ v. COMMISSIONER OF SOCIAL SECURITY
Trial Court Opinion
THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION
D.K., : : Plaintiff, : Case No.: 5:24-cv-402-MTT-CHW : v. : : 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. 15). In light of that request, to which the Plaintiff lodges no opposition, the Court hereby GRANTS the motion (Doc. 15) 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 offer the Plaintiff the opportunity for a hearing, take further action to complete the administrative record, 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 10th day of June, 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
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