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Vaccarino v. O'Malley

United States District Court, Middle District of Florida
Nov 7, 2024
8:24-cv-1379-SDM-LSG (M.D. Fla. Nov. 7, 2024)

Opinion

8:24-cv-1379-SDM-LSG

11-07-2024

JENNIFER VACCARINO, Plaintiff, v. MARTIN O'MALLEY, Commissioner of Social Security, Defendant.


ORDER

LINDSAY S. GRIFFFIN, United States Magistrate Judge

The defendant moves unopposed, Doc. 15, to remand this action for further proceedings under sentence four of 42 U.S.C. § 405(g), which says that the reviewing 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 of Social Security, with or without remanding the cause for a rehearing.” See Shalala v. Schaefer, 509 U.S. 292, 296 (1993). On remand, the defendant will offer the plaintiff the opportunity for a supplemental hearing and will issue a new decision. Accordingly, the unopposed motion, Doc. 15, is GRANTED and this action is REMANDED to the Commissioner under sentence four of 42 U.S.C. § 405(g) for further proceedings.

The Clerk is directed (1) to enter a judgment in favor of the plaintiff and against the defendant, (2) to terminate any pending motion, and (3) to close the case.

ORDERED.


Summaries of

Vaccarino v. O'Malley

United States District Court, Middle District of Florida
Nov 7, 2024
8:24-cv-1379-SDM-LSG (M.D. Fla. Nov. 7, 2024)
Case details for

Vaccarino v. O'Malley

Case Details

Full title:JENNIFER VACCARINO, Plaintiff, v. MARTIN O'MALLEY, Commissioner of Social…

Court:United States District Court, Middle District of Florida

Date published: Nov 7, 2024

Citations

8:24-cv-1379-SDM-LSG (M.D. Fla. Nov. 7, 2024)