Johnny B. v. Frank Bisignano

Summary

The United States District Court for the Middle District of Alabama granted the Commissioner of Social Security’s unopposed motion for entry of judgment with remand. The court reversed the Commissioner’s decision and remanded the matter for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g).

Holdings

1. A sentence-four remand was appropriate because the Commissioner conceded that further administrative action was necessary and the plaintiff did not oppose the motion.
2. The Commissioner's decision was reversed and the matter was remanded to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g).

Questions Presented

1. Whether the Commissioner's unopposed motion for entry of judgment and remand under sentence four of 42 U.S.C. § 405(g) should be granted.
2. Whether the Commissioner's decision should be reversed and the matter remanded for further administrative proceedings.

Disposition

reversed_and_remanded