OTTEN
v.
COMMISSIONER OF SOCIAL SECURITY
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In this Social Security disability benefits case, the district court granted the Commissioner's unopposed motion for remand, reversing the ALJ's decision denying benefits and remanding for the ALJ to provide a hearing opportunity and issue a new decision.
Remand is appropriate and granted. The district court reversed the Commissioner's decision denying benefits and remanded the case pursuant to 42 U.S.C. § 405(g) for the ALJ to conduct further proceedings.
“Under 42 U.S.C. § 405(g), the Court has the power to enter judgment, reversing and remanding a social security case for rehearing.”
Establishes the statutory basis for the district court's authority to reverse and remand Social Security decisions.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePlaintiff sought Social Security disability benefits. The ALJ issued a decision denying those benefits. The Commissioner subsequently filed an unoppos…
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2. The Commissioner’s decision denying benefits is REVERSED and this case is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. 3. The Clerk is DIRECTED to enter judgment, terminate all deadlines, deny all pending motions as moot, and close the file. ENTERED in Fort Myers, Florida on January 28, 2025.
Pic gf cee J fF Yo * Kale C. Dudek United States Magistrate Judge
Copies: All Parties of Record
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- Shalala v. Schaefer, 509 U.S. 292 (U.S. 1993)
- Melkonyan v. Sullivan, 501 U.S. 89 (U.S. 1991)