Opinion
8:23-cv-2460-AAS
04-15-2024
DAVID S. GOGUEN, 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. 17). This request is unopposed. (Id. at p. 1).
The Commissioner requests remand with entry of judgment for these reasons:
On remand, the Administrative Law Judge will be instructed to reconsider whether the claimant has a severe mental impairment; re-evaluate the claimant's residual functional capacity; reconsider the medical opinion evidence; update the administrative record; and issue a new decision.(Id.). 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 unopposed motion for entry of judgment with remand (Doc. 17) is GRANTED. The Clerk of Court is DIRECTED to enter judgment in favor of the plaintiff and close the file.