Brundage v. Commissioner of Social Security

Filing 19

RULING granting 18 Motion to Reverse the Decision of the Commissioner. The Clerk of the Court will enter a separate judgment pursuant to Fed. R. Civ. P. 58. Signed by Judge Sarah A. L. Merriam on 8/13/15. (Esposito, A.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
------------------------------x
:
LISA ANN BRUNDAGE
:
:
v.
:
:
CAROLYN W. COLVIN, ACTING
:
COMMISSIONER OF SOCIAL
:
SECURITY
:
:
------------------------------x

Civ. No. 3:14CV00032(SALM)

August 13, 2015

RULING ON DEFENDANT’S MOTION FOR ENTRY OF JUDGMENT UNDER
SENTENCE FOUR OF 42 U.S.C. §405(g) WITH REVERSAL AND REMAND OF
THIS CASE TO THE DEFENDANT
Defendant’s Motion for Entry of Judgment Under Sentence
Four of 42 U.S.C. §405(g) with Reversal and Remand of this Case
to the defendant [Doc. #18] is GRANTED on consent pursuant to
sentence four of 205(g) of the Social Security Act, 42 U.S.C.
§405(g). Pursuant to the power of this Court to enter judgment
affirming, modifying or reversing the Commissioner’s decision
with or without remand in Social Security actions under sentence
four of Section 205(g) of the Social Security Act, 42 U.S.C.
§405(g), and in light of the Government’s unopposed request to
remand this action for further administrative proceedings, it is
ordered that this matter be remanded to the Commissioner.
Upon remand, the Appeals Council will remand this case to
1

an administrative law judge who is instructed to grant the
claimant an opportunity for a hearing, and to issue a new
decision.

Plaintiff consents to this remand.

Therefore, the Court hereby reverses the Commissioner’s
decision under sentence four of 42 U.S.C. §405(g) with a remand
of the case to the Commissioner for further proceedings.

See

Shalala v. Schaefer, 509 U.S. 292 (1993); Melkonyan v. Sullivan,
501 U.S. 89 (1991).
The clerk of the court will enter a separate judgment
pursuant to Fed. R. Civ. P. 58.
This is not a Recommended Ruling.

The parties consented to

the entry of a final order and judgment by a Magistrate Judge on
August 12, 2015. [Doc. #18].
SO ORDERED at New Haven this 13th day of August, 2015.

____/s/____________________
SARAH A. L. MERRIAM
UNITED STATES MAGISTRATE JUDGE

2