Summary
The report and recommendation addresses an unopposed motion by the Commissioner of Social Security to reverse the denial of the claimant’s disability benefits applications and remand for further administrative proceedings. The magistrate judge recommends granting the motion and entering a sentence-four remand under 42 U.S.C. § 405(g).
Holdings
- Reversal of the Commissioner's denial of benefits and remand for further administrative proceedings was appropriate because the Commissioner effectively conceded that the administrative record was insufficient to support the final decision.
- A sentence-four remand constitutes a final judgment for the plaintiff and terminates the district court's jurisdiction over the remanded claims once issued.
Questions Presented
- Whether the Commissioner's unopposed motion for reversal and remand should be granted under sentence four of 42 U.S.C. § 405(g).
- Whether the administrative record was insufficient to support the SSA's denial of benefits and required further administrative fact-finding.
Disposition
reversed_and_remanded
Cases Cited (6)
- Melkonyan v. Sullivan, 501 U.S. 89, 98 (1991)(followed)
- Shalala v. Schaefer, 509 U.S. 292, 300-01 (1993)(followed)
- Davis v. Colvin, 603 F. App'x 257, 258 (5th Cir. 2015)(followed)
- Bordelon v. Barnhart, 161 F. App'x 348, 352-53 n.12 (5th Cir. 2005)(followed)
- Sullivan v. Finkelstein, 496 U.S. 617, 626 (1990)(followed)
- Douglass v. United Services Auto. Assn, 79 F.3d 1415, 1430 (5th Cir. 1996) (en banc)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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