Smith v. Commissioner of Social Security

Filing 19

ORDER granting 18 Motion to Remand to the Commissioner of Social Security; reversing and remanding the final decision of the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further action consistent with this Order; and directing the Clerk of Court to enter the appropriate judgment and close this case. Signed by Magistrate Judge Christopher L. Ray on 11/26/2024. (jlh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
EBONY TAKIA QUANISSA
SMITH,
Plaintiff,
v.
MARTIN O’MALLEY,
Commissioner of Social Security,
Defendant.

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CV424-116

ORDER
Presently before the Court is Defendant Martin O’Malley,
Commissioner of Social Security’s Motion for Entry of Judgment Under
Sentence Four of 42 U.S.C. § 405(g) with Remand to Defendant. Doc. 18.
Defendant requests reversal and remand to the agency for an
administrative law judge to “offer Plaintiff an opportunity for a
supplemental hearing and issue a new decision.” Id. at 1. Defendant
represents that Plaintiff consents to the Motion. Id.
Sentence four of Section 405(g) gives the Court the “power 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
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U.S.C. § 405(g). Accordingly, the Court GRANTS the Motion, doc. 18,
and REVERSES and REMANDS the final decision of the Commissioner
pursuant to sentence four of 42 U.S.C. § 405(g) for further action
consistent with this Order. The Clerk of Court is DIRECTED to enter
the appropriate judgment and to close this case.
SO ORDERED, this 26th day of November,, 2024.
_______________________________
____________________________
CHRISTOPHER
R ST
RI
TOPHE
HER L. RAY
UNITED
ITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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