CANTWELL
v.
COMMISSIONER OF SOCIAL SECURITY
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In this Social Security disability benefits case, the District Court adopted a magistrate judge's recommendation and granted the Commissioner's unopposed motion to reverse the agency's decision and remand for further proceedings. The court ordered the Administrative Law Judge to offer the claimant a supplemental hearing and issue a new decision on remand.
The court reversed the Commissioner's decision and remanded the case to the Commissioner with instructions that the Administrative Law Judge offer the claimant an opportunity for a supplemental hearing and issue a new decision.
“[O]ffer the claimant an opportunity for a supplemental hearing and issue a new decision.”
The specific instruction the court gave to the Administrative Law Judge upon remand, representing the relief granted to the claimant.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePlaintiff Cantwell sought Social Security disability benefits. The Commissioner initially denied the claim through an Administrative Law Judge decisio…
The full statement of facts, procedural history, and disposition for this case are member content.
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This cause comes before the Court on Defendant Commissioner of the Social Security’s (“Commissioner”) unopposed motion to enter a judgment in Plaintiff’s favor with reversal and remand pursuant to sentence four of 42 U.S.C. § 405(g) (Dkt. 16), and the report filed by the United States Magistrate Judge recommending that the decision of the Commissioner be reversed, and the matter remanded, and judgment entered in accordance with Fed. R. Civ. P. 58, consistent with the decision in Shalala v. Schaefer, 509 U.S. 292, 296-302 (1993) (Dkt. 17). The Commissioner asserts that on remand, the Administrative Law Judge be instructed to: [O]ffer the claimant an opportunity for a supplemental hearing and issue a new decision. No objections have been filed, and the time for doing so has passed. The Court
agrees with the Magistrate Judge and orders as follows: 1. The Report and Recommendation (Dkt. 17) is adopted and confirmed in all respects and made a part of this Order. 2. The Commissioner’s Unopposed Motion for Entry of Judgment with Remand (Dkt. 16) is GRANTED. 3. The Commissioner’s decision is REVERSED, and this case is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) to the Commissioner consistent with this Order and the Report and Recommendation. 4. The Clerk is directed to enter final judgment for Plaintiff in accordance with Fed. R. Civ. P. 58, consistent with the decision in Shalala v. Schaefer, 509 U.S. 292, 296-302 (1993), to terminate all pending motions, and close the case. DONE AND ORDERED at Tampa, Florida, on August 26, 2025. mb, —
UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO: Counsel of record