Olguin v. Social Security Administration

Filing 21

ORDER by Magistrate Judge Kevin R. Sweazea granting 20 Unopposed Motion to Remand to Agency Pursuant to Sentence Four of 42 U.S.C. § 405(g). (efw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MERLINDA E. O.,
Plaintiff,
vs.
CIV. NO. 1:24-cv-00459-KRS
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LELAND DUDEK,
Commissioner of Social Security,
Defendant.
ORDER GRANTING DEFENDANT’S UNOPPOSED MOTION FOR REMAND TO
AGENCY PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g)
Defendant, Commissioner of the Social Security (“Commissioner”), has filed an
unopposed motion with this Court (Doc. 20), pursuant to 42 U.S.C. § 405(g), to enter a judgment
with an order of reversal with remand of the case to the Commissioner for further administrative
proceedings. Pursuant to the power of this Court to enter a judgment affirming, modifying, or
reversing the Commissioner’s decision with remand in Social Security actions under sentence four
of 42 U.S.C. § 405(g), and in light of the Commissioner’s request for remand of this action for
further proceedings, this Court hereby REVERSES the Commissioner’s decision under sentence
four of 42 U.S.C. § 405(g) with a REMAND to the Commissioner for further administrative
proceedings. See Shalala v. Schaefer, 509 U.S. 292 (1993).
IT IS SO ORDERED.
__________________________________
THE HONORABLE KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE
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Leland Dudek became the Acting Commissioner of Social Security on February 16, 2025. Pursuant to Rule 25(d)
of the Federal Rules of Civil Procedure, Leland Dudek should be substituted for Michelle King as the defendant in
this suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the
Social Security Act, 42 U.S.C. § 405(g).

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