Angel Joy Ashby v. Frank Bisignano, Commissioner, Social Security Administration

Summary

The court grants the Commissioner's unopposed motion to reverse and remand an action seeking judicial review of the denial of disability insurance benefits. The case is remanded to the Commissioner for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g).

Holdings

1. A district court may remand a Social Security case under sentence four of 42 U.S.C. § 405(g) by entering a judgment affirming, modifying, or reversing the Commissioner's decision, with or without remanding for a rehearing.
2. The case should be reversed and remanded to the Commissioner under sentence four of 42 U.S.C. § 405(g) so that the administrative law judge may further evaluate the evidence.

Questions Presented

1. Whether the court should grant the Commissioner's unopposed motion for reversal and remand under sentence four of 42 U.S.C. § 405(g).
2. Whether remand was appropriate to allow the administrative law judge to further evaluate the evidence.

Disposition

reversed_and_remanded