Stipes v. SSA

Filing 19

MEMORANDUM OPINION & ORDER: 1. Defendant's 18 MOTION to Remand to Agency is GRANTED; 2. Plaintiff's 16 MOTION for Summary Judgment is DENIED AS MOOT; and 3. Judgment reversing the Commissioners Administrative Decision and remanding the case to the Commissioner shall be entered by separate order. Signed by Magistrate Judge Edward B. Atkins on 9/28/2018.(JJ)cc: COR

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION
LEXINGTON
CIVIL ACTION NO. 5:18-CV-00327-EBA
ANDREA KATHERINE STIPES
V.

PLAINTIFF,

MEMORANDUM OPINION AND ORDER

NANCY A. BERRYHILL, in her
Official capacity as the Acting
Commissioner of the Social
Security Administration

DEFENDANT.

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This matter comes before the Court on Plaintiff’s Motion for Summary Judgment, [R.
16], and the Commissioner’s Unopposed Motion for Entry of Judgment with Remand under
Sentence Four of 42 U.S.C. § 405(g), [R. 18]. Plaintiff’s Motion and Brief in Support of Motion
for Summary Judgment, [R. 16; R. 16-2], requests the Court enter a judgment under sentence
four of 42 U.S.C. § 404(g) reversing the Commissioner’s final decision with a remand for a
rehearing for further administrative proceedings. [R. 16-2 at 15-6]. Sentence four of 42 U.S.C. §
405(g) states, “The court shall have power to enter, upon the pleadings and transcripts 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.” In lieu of a response to
Plaintiff’s Motion for Summary Judgment, [R. 16], the Commissioner has filed an Unopposed
Motion for Entry of Judgment with Remand under Sentence Four of 42 U.S.C. § 405(g), [R. 18],
requesting the Court “enter an order reversing and remanding this case for additional
administrative proceedings.” [R. 18 at 1]. The Commissioner has “conferred with counsel for
Plaintiff, who stated that Plaintiff has no objection to the relief sought in [the Commissioner’s]
motion.” [Id.] Having considered the matter fully, and being otherwise sufficiently advised,

IT IS ORDERED as follows:
1. Pursuant to sentence four of 42 U.S.C. § 405(g), the Commissioner’s Unopposed
Motion for Entry of Judgment with Remand under Sentence Four of 42 U.S.C. §
405(g), [R. 18], is GRANTED;
2. Plaintiff’s Motion for Summary Judgment, [R. 16], is DENIED AS MOOT; and
3. Pursuant to Federal Rules of Civil Procedure 58(a), judgment reversing the
Commissioner’s Administrative Decision and remanding this case to the
Commissioner for additional administrative proceedings shall be entered by separate
order.
This the 28th day of September, 2018.