Opinion
Civil Action 4:23-CV-00048-AGD
08-14-2023
SHONDA RENEE BEVERLY, Plaintiff, v. KILOLO KIJAKAZI, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.
MEMORANDUM OPINION AND ORDER
AILEEN GOLDMAN DURRETT, UNITED STATES MAGISTRATE JUDGE
Before the court for consideration is the Commissioner's Unopposed Motion to Reverse and Remand and Enter Judgment and Incorporated Memorandum in Support (“Commissioner's Motion”) (Dkt. #19). After considering the Commissioner's Motion, all pleadings on file, and the applicable law, the court finds the Commissioner's Motion (Dkt. #19) should be GRANTED.
On January 17, 2023, Plaintiff Shonda Renee Beverly filed this action seeking judicial review of the Commissioner's decision denying her application for disability benefits under the Social Security Act (Dkt. #1). On August 2, 2023, the Commissioner filed the Commissioner's Motion, (Dkt. #19), asserting remand is appropriate and requesting the court reverse and remand the case for further administrative proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g). The Commissioner's Motion is unopposed; accordingly, it appears both Parties agree that reversal and remand of this action is necessary (Dkt. #19 at p. 3).
Section 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 Commission of Social Security, with or without remanding the cause for a rehearing.” 42 U.S.C. § 405(g). Because further administrative proceedings are required in this case, the court agrees that remand is appropriate pursuant to the fourth sentence of Section 405(g). Based on the foregoing, the court finds the Commissioner's final decision is hereby reversed, and Plaintiff's disability claim is hereby remanded to allow the Commissioner to conduct further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g) and Melkonyan v. Sullivan, 501 U.W. 89 (1991).
For the foregoing reasons, it is ORDERED that the Commissioner's Unopposed Motion to Reverse and Remand and Enter Judgment and Incorporated Memorandum in Support, (Dkt. #19), is GRANTED. The Commissioner's decision is hereby REVERSED and REMANDED for further administrative proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g).
IT IS SO ORDERED.