Alyssa F. v. Commissioner, Social Security Administration

Summary

The magistrate judge recommends granting the Commissioner’s unopposed motion to reverse and remand a Social Security case under the fourth sentence of 42 U.S.C. § 405(g). The document explains the distinction between sentence-four and sentence-six remands and recommends remand for further administrative action.

Holdings

1. A sentence-four remand is appropriate where the court enters a judgment reversing the Commissioner's decision and remands the case for further administrative proceedings; a sentence-six remand is reserved for the statutory circumstances identified in § 405(g), including a pre-answer request by the Commissioner or qualifying new and material evidence.
2. The magistrate judge recommended granting the Commissioner's unopposed motion, reversing the case, and remanding it to the Commissioner for further administrative action.

Questions Presented

1. Whether the unopposed motion should be granted under sentence four of 42 U.S.C. § 405(g).
2. Whether the requested remand is properly characterized as a sentence-four rather than a sentence-six remand.

Disposition

reversed_and_remanded