Micelli v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO SAMUEL ELOY M., Plaintiff, vs. CIV. NO. 2:24-cv-00905-KRS CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

ORDER GRANTING DEFENDANT’S UNOPPOSED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) Defendant, Commissioner of the Social Security (“Commissioner”), has filed an unopposed motion with this Court (Doc. 13), pursuant to 42 U.S.C. § 405(g), to enter a judgment with an order of reversal with remand of the case to the Commissioner for further administrative proceedings. Pursuant to the power of this Court to enter a judgment affirming, modifying, or reversing the Commissioner’s decision with remand in Social Security actions under sentence four of 42 U.S.C. § 405(g), and in light of the Commissioner’s request for remand of this action for further proceedings, this Court hereby REVERSES the Commissioner’s decision on the Title XVI claim1 in this matter under sentence four of 42 U.S.C. § 405(g) with a REMAND to the Commissioner for further administrative proceedings. See Shalala v. Schaefer, 509 U.S. 292 (1993). / / / / / / On November 16, 2023, Plaintiff voluntarily withdrew his Title II claim. (Doc. 12-2 at 18). The Administrative Law Judge subsequently dismissed Petitioner’s Title II claim on January 26, 2024. Id. at 19.

IT IS SO ORDERED this 30" day of December, 2024.

THE HONORABLE KEVIN R. SWEAZEA UNITED STATES MAGISTRATE JUDGE