Jenny Burkhart v. Frank Bisignano, Commissioner, Social Security Administration

Summary

A United States magistrate judge recommends granting the Commissioner’s unopposed motion to reverse and remand Jenny Burkhart’s Social Security disability benefits case under sentence four of 42 U.S.C. § 405(g). The recommended remand would permit further administrative evaluation by the Commissioner, and the parties were given fourteen days to file specific objections.

Holdings

1. A district court's remand authority in a Social Security case is governed exclusively by sentence four and sentence six of 42 U.S.C. § 405(g); the requested remand was appropriate under sentence four because further evaluation of the evidence was warranted.

Questions Presented

1. Whether the case should be remanded to the Commissioner under sentence four of 42 U.S.C. § 405(g) for further administrative proceedings.
2. Whether the court may use sentence six of 42 U.S.C. § 405(g) for the requested remand.

Disposition

remanded