Aaron J. James v. Frank Bisignano, Commissioner Social Security Administration

Summary

The magistrate judge recommends granting the Commissioner of Social Security’s unopposed motion to 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 that objections be filed within 14 days.

Holdings

1. A remand for further administrative proceedings of the type requested by the Commissioner is a sentence-four remand under 42 U.S.C. § 405(g).
2. The Commissioner's unopposed motion to remand should be granted, and the case should be remanded to the Commissioner for further administrative action under sentence four of § 405(g).

Questions Presented

1. Whether the Commissioner's unopposed motion should be granted and the case remanded for further administrative proceedings under sentence four of 42 U.S.C. § 405(g).
2. Whether a remand for further administrative proceedings requested after the filing of the administrative transcript is a sentence-four rather than a sentence-six remand.

Disposition

remanded