Stephens v. Kijakazi

Filing 19

MEMORANDUM OPINION AND ORDER: it is ORDERED that the Commissioner's Unopposed Motion for Entry of Judgment Under Sentence Four (Doc. 18 ) is GRANTED and that the decision of the Commissioner is hereby REVERSED and REMANDED for further proceedings under 42 U.S.C. § 405(g) consistent with the Commissioner's motion. Signed by Magistrate Judge Stephen Michael Doyle on 5/9/2024. (See Order for Details) (LAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
TERESA STEPHENS,
Plaintiff,
v.
MARTIN O’MALLEY,
Commissioner of Social Security,
Defendant.

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) Civil Action No.: 3:23-cv-711-SMD
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MEMORANDUM OPINION AND ORDER
On May 9, 2024, the Commissioner filed an Unopposed Motion for Entry of
Judgment Under Sentence Four of 42 U.S.C. § 405(g). Comm’r’s Mot. (Doc. 18). The
Commissioner requests that the Court reverse the Commissioner’s decision and remand
this case for further consideration and administrative action pursuant to sentence four of
42 U.S.C. § 405(g). Id. p. 1. The Commissioner avers that, on remand, the Commissioner
will “conduct further administrative proceedings and issue a new decision.” Comm’r’s Br.
(Doc. 18-1) p. 1.
Sentence four of 42 U.S.C. § 405(g) authorizes the district court 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.” 42 U.S.C. § 405(g). The district court may remand a case to the Commissioner
for a rehearing if the court finds “either . . . the decision is not supported by substantial

evidence, or . . . the Commissioner or the ALJ incorrectly applied the law relevant to the
disability claim.” Jackson v. Chater, 99 F.3d 1086, 1092 (11th Cir. 1996).
In this case, the Court finds reversal and remand necessary as the Commissioner
concedes reconsideration and further administrative actions are necessary. Furthermore,
Plaintiff does not oppose the motion. Accordingly, it is
ORDERED that the Commissioner’s Unopposed Motion for Entry of Judgment
Under Sentence Four (Doc. 18) is GRANTED and that the decision of the Commissioner
is hereby REVERSED and REMANDED for further proceedings under 42 U.S.C. § 405(g)
consistent with the Commissioner’s motion. Further, it is
ORDERED that, in accordance with Bergen v. Comm’r of Soc. Sec., 454 F.3d 1273,
1278 n.2 (11th Cir. 2006), Plaintiff shall have ninety (90) days after she receives notice of
any amount of past due benefits awarded to seek attorney’s fees under 42 U.S.C.§ 406(b).
See also Blitch v. Astrue, 261 F. App’x 241, 241 n.1 (11th Cir. 2008).
A separate judgment will issue.
Done this 9th day of May, 2024.

Stephen M. Doyle
CHIEF U.S. MAGISTRATE JUDGE

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