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)

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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 1 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 2

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