Borden v. Bisignano

Summary

The United States District Court for the Eastern District of Wisconsin grants the Commissioner of Social Security’s motion to remand the case for further proceedings under sentence four of 42 U.S.C. § 405(g). Although the motion was procedurally improper after filing of the administrative record and the plaintiff’s brief, the court grants it because the plaintiff did not object and directs the Appeals Council to remand for a new hearing and decision.

Holdings

1. Although it was procedurally improper for the Commissioner to file his own remand motion after filing the administrative record and after the plaintiff filed his supporting brief, the court may grant the motion when the plaintiff does not object and the parties do not dispute the details of remand.
2. The case must be remanded to the Agency for a new hearing and decision, including an opportunity for Plaintiff to have a hearing, appropriate application of the sequential disability-evaluation process, supplemental vocational-expert testimony if warranted, and issuance of a new decision.

Questions Presented

1. Whether the court should grant the Commissioner's motion for a sentence-four remand under 42 U.S.C. § 405(g) despite the procedural impropriety of filing the motion after the administrative transcript and the plaintiff's brief had been filed.
2. What instructions should govern the Agency's further proceedings on remand.

Disposition

remanded