Marsalis v. Commissioner of Social Security

Filing 21

ORDER granting 19 Motion to Remand to Commissioner of Social Security; REVERSING and REMANDING for further administrative proceedings; CASE CLOSED. Signed by District Judge Debra M. Brown on 9/7/21. (jla)

Case: 4:20-cv-00188-DMB-DAS Doc #: 21 Filed: 09/07/21 1 of 1 PageID #: 993

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
TONYA MARSALIS

PLAINTIFF

V.

NO. 4:20-CV-188-DMB-DAS

COMMISSIONER OF SOCIAL
SECURITY

DEFENDANT
ORDER

On October 27, 2020, Tonya Marsalis filed a complaint in the United States District Court
for the Northern District of Mississippi seeking judicial review of the decision of the
Commissioner of Social Security denying her claim for supplemental security income and/or
disability insurance benefits. Doc. #1. On August 13, 2021, the Commissioner moved to remand
this case pursuant to sentence four of 42 U.S.C. § 405(g). Doc. #19. No response to the motion
was filed and the time to respond has passed.
As grounds for remand, the Commissioner represents that the final administrative decision
from which Marsalis is appealing “did not address medical treatment for cardiac symptoms in
August 2018 … [which is] a new medical condition.” Doc. #20 at 1. In light of this failure, the
Commissioner has concluded that this case should be remanded to allow for consideration of such
medical treatment. Id. at 4.
Upon consideration, the motion to remand [19] is GRANTED. The final administrative
decision is REVERSED and REMANDED for further administrative proceedings pursuant to
sentence four of the Social Security Act, 42 U.S.C. § 405(g). This case is CLOSED.
SO ORDERED, this 7th day of September, 2021.
/s/Debra M. Brown
UNITED STATES DISTRICT JUDGE