Bittle v. Commissioner of Social Security

Filing 16

ORDER granting 15 Motion to Remand to Agency. Signed by Judge William I. Garfinkel on 10/10/17. (Cates, S)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
MICAH BITTLE,
Plaintiff,
v.

No. 3:17-cv-1289(WIG)

NANCY A. BERRYHILL,
Acting Commissioner of
Social Security,
Defendant.
_____________________________________X

ORDER GRANTING DEFENDANT’S MOTION FOR ENTRY
OF JUDGMENT UNDER SENTENCE FOUR OF 42 U.S.C. § 405(g)
WITH REVERSAL AND REMAND
Defendant, Acting Commissioner of the Social Security Administration, has moved this
Court to enter judgment under sentence four of 42 U.S.C. § 405(g), with a reversal and remand
of this cause to the Commissioner for further action. Counsel for the Commissioner represents
that the plaintiff, who is pro se, is unopposed to the relief sought in the motion.
Under sentence four of 42 U.S.C. § 405(g), the Court has the power to enter a judgment
with a reversal and remand of the cause to the Commissioner for further proceedings. Shalala v.
Schaefer, 509 U.S. 292, 297 (1993); Melkonyan v. Sullivan, 501 U.S. 89, 98 (1991). Remand for
further development of the record is appropriate when gaps exist in the administrative record or
when the administrative law judge committed legal error. Parker v. Harris, 626 F.2d 225, 235
(2d Cir. 1980).
Here, the Commissioner has determined that additional administrative action is
warranted. Accordingly, Defendant’s Motion for Entry of Judgment under Sentence Four of 42

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U.S.C. § 405(g) with Reversal and Remand of the Cause to the Defendant [Doc. No. 15] is
granted.
This is not a Recommended Ruling. The parties have consented to the Magistrate
Judge’s entering a final order in this case without the need for entry of a recommended ruling
and review by a District Judge. See Fed. R. Civ. P. 73(b). The Clerk is directed to enter a
separate judgment in favor of Plaintiff in this matter under Rule 58(a), Fed. R. Civ. P., to remand
this cause to the Commissioner for further administrative proceedings in accordance with this
Order, and to close this case.
It is SO ORDERED, this 10th day of October, 2017, at Bridgeport, Connecticut.
/s/ William I. Garfinkel
WILLIAM I. GARFINKEL
United States Magistrate Judge

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