Antonio v. Social Security Administration, Commissioner ( 2023 )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION RAQUITA ANTONIO, ) ) Plaintiff, ) ) v. ) Case No.: 5:23-cv-0966-LCB ) KILOLO KIJAKAZI, Acting ) Commissioner, Social Security ) Administration, ) Defendant. MEMORANDUM OPINION Before the Court is the Commissioner’s Unopposed Motion for Entry of Judgement Under Sentence Four of 42 U.S.C. § 405(g) With Remand of the Cause to the Defendant. (Doc. 11). As its title suggests, the request for remand is made pursuant to Title 42, United States Code, Section 405(g). This section of the Social Security Act provides, “The Court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the [Commissioner], with or without remanding the cause for a rehearing.” See Shalala v. Schaefer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991). The Commissioner has requested this remand to allow her “to further evaluate whether Plaintiff can perform jobs that exist in significant numbers in the national economy, to take any further action needed to complete the administrative record, and to issue a new decision.” (Doc. 11 at 1). Pursuant to 42 U.S.C. § 405(g), the Court GRANTS the Commissioner’s motion, REVERSES the Commissioner’s decision, and REMANDS this case to the Commissioner for further proceedings as described above. The Court will enter a separate final order closing the case. DONE and ORDERED November 22, 2023. SZ SE. LILES C. BURKE UNITED STATES DISTRICT JUDGE