Opinion
6:24-cv-8-LHP
05-03-2024
JAMES ERIC MUSCA, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant
ORDER
LESLIE HOFFMAN PRICE, UNITED STATES MAGISTRATE JUDGE.
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: UNOPPOSED MOTION FOR ENTRY OF JUDGMENT WITH REVERSAL AND REMAND OF THE CAUSE TO THE DEFENDANT (Doc. No. 17)
FILED: April 22, 2024
THEREON it is ORDERED that the motion is GRANTED.
The Commissioner of Social Security moves to remand this case pursuant to sentence four of 42 U.S.C. § 405(g), so that the following may occur:
On remand, the agency will offer the claimant an opportunity for a de novo hearing and issue a new decision. Doc. No. 17. Plaintiff does not object to the motion. Id. at 2.
Upon consideration, the Court finds the request well taken. See 42 U.S.C. § 405(g). Accordingly, it is ORDERED that:
1. The Commissioner's Unopposed Motion for Entry of Judgment with Remand (Doc. No. 17) is GRANTED.
2. The final decision of the Commissioner is REVERSED and REMANDED for further administrative proceedings pursuant to sentence four of § 405(g), for the above-stated reasons.
3. The Clerk of Court is directed to ENTER judgment in favor of Plaintiff and against the Commissioner, and thereafter CLOSE this case.
DONE and ORDERED.