Smith v. Commissioner of Social Security
Filing
15
ORDER: (1) GRANTING THE PARTIES' JOINT MOTION FOR REMAND (Doc. No. 14 ); (2) REMANDING THIS CASE TO THE COMMISSIONER UNDER THE FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR FURTHER PROCEEDINGS; (3) ORDERING THE ENTRY OF JUDGMENT IN PLAINTIFF'S FAVOR; AND (4) TERMINATING THIS CASE ON THE COURT'S DOCKET. Signed by Judge Michael J. Newman on 1/27/2025. (srb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
MARKEA S.,
Plaintiff,
Case No. 3:24-cv-213
vs.
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,
District Judge Michael J. Newman
Magistrate Judge Kimberly A. Jolson
Defendant.
___________________________________________________________________________
ORDER: (1) GRANTING THE PARTIES’ JOINT MOTION FOR REMAND (Doc. No.
14); (2) REMANDING THIS CASE TO THE COMMISSIONER UNDER THE FOURTH
SENTENCE OF 42 U.S.C. § 405(g) FOR FURTHER PROCEEDINGS; (3) ORDERING
THE ENTRY OF JUDGMENT IN PLAINTIFF’S FAVOR; AND (4) TERMINATING
THIS CASE ON THE COURT’S DOCKET
______________________________________________________________________________
This Social Security disability benefits appeal is presently before the Court on the parties’
joint motion to remand this case to the Commissioner for further administrative proceedings
pursuant to the Fourth Sentence of 42 U.S.C. § 405(g). Doc. No. 14. For good cause shown, and
because the requirements of a Sentence Four remand have been satisfied, IT IS ORDERED
THAT (1) the parties’ joint motion for remand is GRANTED; and (2) this case is REMANDED
to the Commissioner under the Fourth Sentence of 42 U.S.C. § 405(g) for proceedings consistent
with the parties’ Joint Motion and this Order. Upon remand, the Appeals Council will vacate all
findings in the Administrative Law Judge’s decision.
The Commissioner will develop the
administrative record as necessary to determine whether Plaintiff is disabled within the meaning
of the Social Security Act, hold a new hearing, and issue a new decision. Accordingly, this case
is TERMINATED upon the Court’s docket. The Clerk is ORDERED to enter judgment in
Plaintiff’s favor.
IT IS SO ORDERED.
January 27, 2025
s/Michael J. Newman
Hon. Michael J. Newman
United States District Judge
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?