HESTER v. COMMISSIONER OF SOCIAL SECURITY

Filing 11

ORDER granting 10 Motion to Remand. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 3/26/2024. (ggs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
ATHENS DIVISION
FELICIA HESTER,
Plaintiff,

v.

Case No. 3:23-cv-00143-TES-MSH

MARTIN O'MALLEY,
Commissioner of Social Security,
Defendant.
ORDER

Under sentence four of the Social Security Act, 42 U.S.C. § 405(g), this Court has the
authority to enter a judgment affirming, modifying or reversing the Commissioner's decision with
remand. The Commissioner requests that the Court remand this case to the agency for further
consideration and administrative action and states that upon remand, an administrative law judge
will offer the Plaintiff the opportunity for a hearing, further consider the opinion evidence, and
issue a new decision. The Commissioner's unopposed motion is GRANTED, and this case is
hereby REMANDED.
Therefore, this Court hereby reverses the Commissioner's decision under sentence four of
42 U.S.C. §405(g) with a remand of the cause to the Commissioner for further proceedings. See
Shala/av. 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 Rule 58 of the Federal Rules of Civil
Procedure.
IT IS SO ORDERED this