BROWN v. COMMISSIONER OF SOCIAL SECURITY

District Court, M.D. Georgia·Decided February 25, 2022·No. 5:21-cv-00283·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION

A. M. B., ) ) ) Plaintiff, ) ) v. ) CIVIL ACTION NO. 5:21-CV-283 (MTT) ) COMMISSIONER OF SOCIAL ) SECURITY, ) ) ) Defendant. ) __________________ )

ORDER In response to Plaintiff’s arguments, the Commissioner acknowledges that a remand is warranted in this social security appeal. The Commissioner’s motion for a remand (Doc. 15) is hereby GRANTED. The Court REMANDS the Commissioner’s decision under sentence four of 42 U.S.C. § 405(g).1 See Shalala v. Schafer, 509 U.S. 292, 296–97 (1993); Melkonyan v. Sullivan, 501 U.S. 89, 98 (1991). On remand, the Commissioner will refer matters to a different administrative law judge to reevaluate the evidence, and to issue a new decision. SO ORDERED, this 25th day of February, 2022.

S/ Marc T. Treadwell_________ MARC T. TREADWELL, CHIEF JUDGE UNITED STATES DISTRICT COURT

1 Sentence four of § 405(g) provides: “The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing.” 42 U.S.C. § 405(g).

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BROWN v. COMMISSIONER OF SOCIAL SECURITY, (M.D. Ga. 2022).

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Related

Shalala v. Schaefer
509 U.S. 292 (Supreme Court, 1993)
Melkonyan v. Sullivan
501 U.S. 89 (Supreme Court, 1991)