UNITED STATES DISTRICT COURT July 01, 2025 Nathan Ochsner, Clerk SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

WALDO BALMORE DIAZ, § § Plaintiff, § § v. § CIVIL ACTION NO. 4:25-cv-367 § FRANK BISIGNANO, § COMMISSIONER OF THE § SOCIAL SECURITY § ADMINISTRATION, § § Defendant. §

MEMORANDUM AND RECOMMENDATION

Pending before the Court1 is Defendant Frank Bisignano’s (“Commissioner”) Unopposed Motion to Remand. (ECF No. 11). The Commissioner asks the Court to remand this case under the fourth sentence of

(g), for further administrative proceedings before the Social Security Administration Appeals Council. (Id. at 1–2). The parties were advised of the undersigned’s availability to exercise jurisdiction in this case pursuant to

(c); however, the parties did not provide their consent. As a result, the undersigned is required to file a report and recommendation with respect to all dispositive matters, including

1 On March 11, 2025, this case was referred to the Undersigned for all purposes pursuant to

(b)(1)(A) and (B) and Federal Rule of Civil Procedure 72. (ECF No. 4). motions to remand pursuant to the fourth sentence of

(g). See Smith v. Saul, No. 1:19-cv-148,

, at *1 (N.D. Tex. Dec. 30, 2019), report and recommendation adopted sub nom. Jeffery S. v. Saul, No. 1:19-cv-148,

(N.D. Tex. Jan. 2, 2020). After reviewing the Commissioner’s unopposed motion and the applicable law, the Court finds that a hearing on this motion is unnecessary and RECOMMENDS the Commissioner’s Unopposed Motion to Remand (ECF No. 11) be GRANTED. The Court FURTHER RECOMMENDS this case be REMANDED pursuant to the fourth sentence of

(g), for further adjudication consistent with the Commissioner’s motion. The Clerk shall send copies of this Memorandum and Recommendation to the respective parties who have fourteen days from the receipt thereof to file written objections thereto pursuant to Federal Rule of Civil Procedure 72(b) and General Order 2002-13. Failure to file written objections within the time period mentioned shall bar an aggrieved party from attacking the factual findings and legal conclusions on appeal. SIGNED in Houston, Texas on July 1, 2025.

dnl w Su<— Richard W. Bennett United States Magistrate Judge