Opinion
8:23-cv-2239-AAS
05-20-2024
GWENDOLYN BOSTICK, Plaintiff, v. MARTIN O'MALLEY, Commissioner of Social Security Administration, Defendant.
ORDER
AMANDA ARNOLD SANSONE UNITED STATES MAGISTRATE JUDGE
The Commissioner of Social Security (Commissioner) moves to remand this case for further action under sentence four of 42 U.S.C. § 405(g). (Doc. 26). Plaintiff Gwendolyn Bostick did not respond and the time for doing so has expired. See Local Rule 3.01(c), M.D. Fla (“A party may respond to a motion within fourteen days after service of the motion.... If a party fails to timely respond, the motion is subject to treatment as unopposed.”).
The Commissioner requests remand with entry of judgment to “offer [Ms. Bostick] an opportunity for a new hearing.” (Doc. 26, p. 1). Section 405(g) of the Social Security Act provides “[t]he 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).
Accordingly, the Commissioner's motion for entry of judgment with remand (Doc. 26) is GRANTED. The Clerk of Court is DIRECTED to enter judgment in favor of the plaintiff and close the file.
ENTERED.