Opinion
8:23-cv-2617- JLB-UAM
07-18-2024
SARAH ROYAL, Plaintiff, v. MARTIN O'MALLEY, Commissioner of Social Security Administration, Defendant.
REPORT AND RECOMMENDATION
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. 28). This request is unopposed. (Id., p. 1).
The Commissioner requests remand with entry of judgment to provide the plaintiff an opportunity for a new hearing. (Id., p. 2). 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 undersigned RECOMMENDS the Commissioner's unopposed motion for entry of judgment with remand (Doc. 28) be GRANTED.
NOTICE TO PARTIES
The parties have fourteen days from the date they are served a copy of this report to file written objections to this report's proposed findings and recommendations or to seek an extension of the fourteen-day deadline to file written objections. 28 U.S.C. § 636(b)(1); 11th Cir. R. 3-1. A party's failure to object timely in accordance with 28 U.S.C. § 636(b)(1) waives that party's right to challenge on appeal the district court's order adopting this report's unobjected-to factual findings and legal conclusions. 11th Cir. R. 3-1.