TOLLISON
v.
COMMISSIONER OF SOCIAL SECURITY
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In this Social Security disability benefits case, the district court granted the defendant Commissioner's unopposed motion for remand, reversing the prior administrative decision and returning the matter to the Social Security Administration for further proceedings with an opportunity for a hearing.
The court granted the Commissioner's unopposed motion, reversing and remanding the case to the Social Security Administration for completion of the administrative record, issuance of a new decision, and provision of a hearing opportunity to the plaintiff.
[1] A court may remand a Social Security case for further proceedings before the Social Security Administration.
[2] In a sentence four remand of a Social Security case, the court should enter a final judgment in the claimant's favor.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Such a disposition is clearly within the Court's authority. See Shalala v. Schaefer, 509 U.S. 292 (1993).”
Establishes the court's authority to reverse and remand Social Security cases under applicable precedent.
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Join FLexlaw to unlock all legal intelligenceTollison sought Social Security disability benefits. The case proceeded through administrative proceedings and was appealed to district court. The def…
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This cause is before the Court on Defendant’s Unopposed Motion for Entry of Judgment with Remand (Doc. No. 24; “Motion”), filed December 19, 2024, that seeks to have this matter reversed and remanded to the Social Security Administration for further administrative proceedings. Motion at 1. Such a disposition is clearly within the Court’s authority. See Shalala v. Schaefer, 509 U.S. 292 (1993). Accordingly, it is ORDERED: 1. Defendant’s Unopposed Motion for Entry of Judgment with Remand (Doc. No. 24) is GRANTED.
1 Carolyn W. Colvin became the Acting Commissioner of Social Security on November 30, 2024. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn W. Colvin is substituted as Defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). 2. The Clerk of Court is directed to enter judgment REVERSING AND REMANDING this case pursuant to sentence four of 42 U.S.C. § 405(g) with the following instructions: On remand, the Appeals Council will take any further action needed to complete the administrative record and issue a new decision. Plaintiff will be provided an opportunity for a hearing.
3. The Clerk is further directed to close the file.
DONE AND ORDERED in Jacksonville, Florida on January 3, 2025.
Trewin Boo K Reel
JAMES R. KLINDT
United States Magistrate Judge
kaw Copies: Counsel of Record