Hillary C. Bitter v. Frank Bisignano, Commissioner, Social Security Administration

Summary

A United States magistrate judge recommends granting the Commissioner of Social Security’s unopposed motion to reverse the administrative law judge’s decision and remand the case for further administrative proceedings under sentence four of 42 U.S.C. § 405(g). The report explains the distinction between sentence-four and sentence-six remands and advises the parties of the fourteen-day period for filing specific objections.

Holdings

1. The proposed remand should proceed under sentence four of 42 U.S.C. § 405(g), rather than sentence six, because the Commissioner sought remand after the action had been filed and the administrative transcript had been filed, and the remand was not based on new material evidence.
2. The Commissioner's unopposed motion should be granted, the administrative law judge's decision should be reversed, and the case should be remanded to the Commissioner for further administrative action pursuant to sentence four of 42 U.S.C. § 405(g).

Questions Presented

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

Disposition

reversed_and_remanded