COLLINS
v.
COMMISSIONER OF SOCIAL SECURITY
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Collins sought Social Security disability benefits. The district court granted the Commissioner's unopposed motion to remand under 42 U.S.C. § 405(g) sentence four, reversing the Commissioner's decision and remanding for further administrative proceedings to obtain supplemental vocational expert evidence.
The court granted the Commissioner's motion to remand. Pursuant to sentence four of 42 U.S.C. § 405(g), the court reversed the Commissioner's decision and remanded the case for further proceedings before the Social Security Administration, entering judgment in the plaintiff's favor.
“a "court shall have [the] 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."”
Establishes the statutory basis for the court's authority to remand Social Security cases under 42 U.S.C. § 405(g) sentence four.
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Join FLexlaw to unlock all legal intelligenceCollins applied for Social Security disability benefits. The administrative record was allegedly incomplete regarding vocational expert testimony on t…
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Before the Court is Defendant Commissioner's unopposed motion to remand this case pursuant to sentence four of 42 U.S.C. § 405(g). (Doc. 16). The Commissioner seeks this relief so that, on remand, an administrative law judge can "obtain supplemental evidence from a vocational expert to clarify the effect of the assessed limitations on [the] Plaintiff's occupational base,” “ask the vocational expert to identify examples of appropriate jobs and to state the incidence of such jobs in the national economy," "offer [the] Plaintiff an opportunity for a hearing[,] take further action to complete the administrative record[,] and issue a new decision." Id.
Sentence four of section 405(g) provides that a “court shall have [the] 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." 42 U.S.C. § 405(g). In a sentence four remand, the appropriate procedure is for a court to enter a final judgment in the claimant's favor. *Shalala v. Schaefer*, 509 U.S. 292, 296–97 (1993); *Jackson v. Chater*, 99 F. 3d 1086, 1095 (11th Cir. 1996).
In light of the above, it is hereby ORDERED:
1. The Commissioner's motion (Doc. 16) is granted.
2. The Commissioner's decision is reversed, and the case is remanded for further proceedings before the Social Security Administration consistent with this Order. 3. The Clerk of Court is directed to enter Judgment in the Plaintiff's favor, to terminate any pending motions, and to close the case.
SO ORDERED in Tampa, Florida, this 28th day of July 2025.
HONORABLE CHRISTOPHER P. TUITE
United States Magistrate Judge
Copies to: Counsel of record
2
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Citator
Authorities Cited
- Shalala v. Schaefer, 509 U.S. 292 (U.S. 1993)
- Jackson v. Chater, 99 F.3d 1086 (11th Cir. 1996)