LAMAR v. COMMISSIONER OF SOCIAL SECURITY ( 2024 )


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  • THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION J.L., : : Plaintiff, : Case No.: 5:24-cv-00249-CAR-CHW : v. : : Social Security Appeal COMMISSIONER OF : SOCIAL SECURITY, : : Defendant. : : ORDER The Commissioner of Social Security has moved, under sentence four of 42 U.S.C. § 405(g),1 for entry of judgment to remand the case for further administrative action. [Doc. 10]. In light of that request, to which the Plaintiff lodged no opposition, the Court hereby GRANTS the Commissioner’s Consent Motion to Remand [Doc. 10] and REVERSES and REMANDS the Commissioner’s decision under sentence four of 42 U.S.C. § 405(g). See Shalala v. Schafer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991). On remand, the Commissioner, through the ALJ, will offer Plaintiff an opportunity for a supplemental hearing and issue a new decision. The Clerk of Court will enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. SO ORDERED, this 19th day of November, 2024. s/ C. Ashley Royal C. ASHLEY ROYAL, SENIOR JUDGE UNITED STATES DISTRICT COURT 1 Sentence four of § 405(g) 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 of Social Security, with or without remanding the cause for a rehearing.” 42 U.S.C. § 405(g).

Document Info

Docket Number: 5:24-cv-00249

Filed Date: 11/19/2024

Precedential Status: Precedential

Modified Date: 11/20/2024