MERCADO
v.
COMMISSIONER OF SOCIAL SECURITY
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Plaintiff Mercado sought judicial review of a Social Security Administration decision. The court granted the Commissioner's unopposed motion to remand the case to the Appeals Council for further administrative proceedings to complete the record and issue a new decision.
The court granted the unopposed motion to remand. The Appeals Council will take any further action needed to complete the administrative record and issue a new decision, with the case remanded under sentence four of 42 U.S.C. § 405(g).
“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”
Establishes the court's authority under 42 U.S.C. § 405(g) to remand Social Security cases
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Join FLexlaw to unlock all legal intelligenceMercado filed an action for judicial review of a Social Security decision. The Commissioner of Social Security moved unopposed to remand the case for …
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The defendant moves unopposed, Doc. 14, 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 Appeals Council will “take any further action needed to complete the administrative record and issue a new decision.” Doc. 14. Accordingly, the unopposed motion, Doc. 14, 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 on this 21st day of November, 2024.
NDSAY 5S. GRIFF
United States Magistrate Judge