Lems Roche v. Frank Bisignano, Commissioner of Social Security

Summary

The court adopted the Magistrate Judge’s Report and Recommendation and 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 case under sentence four of 42 U.S.C. § 405(g) for further administrative proceedings concerning medical improvement and related matters.

Holdings

1. A sentence-four remand was appropriate because the Commissioner conceded error in the decision denying benefits.
2. A sentence-four remand terminates the district court's jurisdiction over the plaintiff's case.

Questions Presented

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

Disposition

reversed_and_remanded