IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

HUNTINGTON DIVISION

MICHAEL T.,

Plaintiff,

v. Case No.: 3:24-cv-00570

CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration,

Defendant.

MEMORANDUM OPINION This is an action seeking review of the decision of the Commissioner of the Social Security Administration (hereinafter the “Commissioner”) denying Plaintiff’s applications for a period of disability and disability insurance benefits (“DIB”) and supplemental security income (“SSI”) under Titles II and XVI of the Social Security Act,

, 1381-1383f. The case is presently before the Court on the Commissioner’s uncontested Motion for Remand. (ECF No. 6). Both parties have consented in writing to a decision by the United States Magistrate Judge. (ECF No. 7). The Court has fully considered the Motion for Remand and GRANTS the same. Accordingly, the Court REVERSES and REMANDS the decision of the Commissioner pursuant to sentence four of

(g), for further evaluation of Plaintiff’s applications as stated herein. Under sentence four of

(g), “[t]he 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.” Because a sentence four remand essentially “terminates the litigation with victory for the plaintiff,” the court enters a final judgment dismissing the case and removing it from the court’s docket. Shalala v. Schaefer,

(1993) (“Under § 405(g), ‘each final decision of the Secretary [is] reviewable by a separate piece of litigation,” and a sentence-four remand order ‘terminate/s] the civil action’ seeking judicial review of the Secretary's final decision.”) (quoting in Sullivan v. Hudson,

(1989)). The Court REVERSES the final decision of the Commissioner; GRANTS the Motion for Remand, (ECF No. 6); REMANDS this matter pursuant to sentence four of

(g) for further administrative proceedings consistent with this opinion; and DISMISSES this action from the docket of the Court. A Judgment Order will be entered accordingly. The Clerk of this Court is directed to transmit copies of this Memorandum Opinion to counsel of record. ENTERED: December 20, 2024 (es) Jgeyh K. Reeder >, 4 Me g United States Magistrate Judge