Adkins v. O'Malley

Filing 10

MEMORANDUM OPINION reversing the final decision of the Commissioner; granting the Commissioner's 8 MOTION to Remand To Commissioner of Social Security; remands this matter and dismisses this action from the docket of the Court. Signed by Magistrate Judge Joseph K. Reeder on 1/7/2025. (cc: counsel of record) (lca)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
GLEN A.,
Plaintiff,
v.

Case No.: 2:24-cv-00496

CAROLYN W. COLVIN,
Acting Commissioner of the
Social Security Administration,
Defendant.

MEMORANDUM OPINION
This is an action seeking review of the decision of the Commissioner of the Social
Security Administration (hereinafter the “Commissioner”) denying Plaintiff’s application
for a period of disability and disability insurance benefits (“DIB”) under Title II of the
Social Security Act, 42 U.S.C. § 401-433. The case is presently before the Court on the
Commissioner’s uncontested Motion for Remand. (ECF No. 8). Both parties have
consented in writing to a decision by the United States Magistrate Judge. (ECF No. 9).
The Court has fully considered the Motion for Remand and GRANTS the same.
Accordingly, the Court REVERSES and REMANDS the decision of the Commissioner
pursuant to sentence four of 42 U.S.C. § 405(g) for further evaluation of Plaintiff’s
application as stated herein.
Under sentence four of 42 U.S.C. § 405(g), “[t]he court shall have power to enter,
upon the pleadings and transcript of the record, a judgment affirming, modifying, or

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reversing the decision of the Commissioner of Social Security, with or without remanding
the cause for a rehearing.” Because a sentence four remand essentially “terminates the
litigation with victory for the plaintiff,” the court enters a final judgment dismissing the
case and removing it from the court’s docket. Shalala v. Schaefer, 509 U.S. 292, 299
(1993) (“Under § 405(g), ‘each final decision of the Secretary [is] reviewable by a separate
piece of litigation,” and a sentence-four remand order ‘terminate[s] the civil action’
seeking judicial review of the Secretary's final decision.”) (quoting in Sullivan v. Hudson,
490 U.S. 877, 892 (1989)).
The Court REVERSES the final decision of the Commissioner; GRANTS the
Motion for Remand, (ECF No. 8); REMANDS this matter pursuant to sentence four of
42 U.S.C. § 405(g) for further administrative proceedings consistent with this opinion;
and DISMISSES this action from the docket of the Court. A Judgment Order will be
entered accordingly.
The Clerk of this Court is directed to transmit copies of this Memorandum Opinion
to counsel of record.
ENTERED: January 7, 2025

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