Shaw v. Social Security Administration

Filing 16

ORDER by Magistrate Judge Kevin R. Sweazea GRANTING 15 Defendant's Unopposed Motion for 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
GABRIELLA S.,
Plaintiff,
vs.

CIV NO. 2:24-cv-00651-KRS

MARTIN O’MALLEY,
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. 15), 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 this 25 day of November, 2024.

__________________________________
THE HONORABLE KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE