Melody Monette Smith v. Commissioner of Social Security

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION

MELODY MONETTE SMITH,

Plaintiff,

vs. CIVIL NO.: 1:25-cv-01286-JDB-jay

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

REPORT AND RECOMMENDATION

The Commissioner of Social Security has moved the Court to reverse the decision of the Administrative Law Judge (ALJ) and remand this action to the Commissioner pursuant to sentence four of section 205(g), 42 U.S.C. § 405(g) [D.E. 16]. Plaintiff has consented to this Motion. Remand is requested because of deficits in the ALJ’s evaluation of vocation expert testimony of record. On remand, the Appeals Council will instruct the Administrative Law Judge to further consider the Plaintiff’s claims, taking any further action necessary to complete the administrative record, including offering Plaintiff the opportunity for a hearing, and issuing another decision. Remand will expedite administrative review, ensure that the Commissioner has the opportunity to fully consider Plaintiff’s claim, and may ultimately make judicial review unnecessary. Remand by this Court is appropriate under 42 U.S.C. § 405(g), which 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. See also Melkonyan v. Sullivan, 501 U.S. 89 (1991); Newkirk v. Shalala, 25 F.3d 316, 318 (6th Cir. 1994). For the foregoing reasons, and pursuant to the Supreme Court’s decision in Shalala v. Schaefer, 509 U.S. 292 (1993), the Magistrate Judge recommends that the Court enter judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure reversing the decision of the ALJ and

remanding this case to the Commissioner under sentence four of 42 U.S.C. § 405(g). Respectfully submitted this 7th day of July, 2026. s/ Jon A. York UNITED STATES MAGISTRATE JUDGE

ANY OBJECTIONS OR EXCEPTIONS TO THIS REPORT AND RECOMMENDATION MUST BE FILED WITHIN FOURTEEN (14) DAYS AFTER BEING SERVED WITH A COPY OF THE REPORT AND RECOMMENDATION. 28 U.S.C. § 636(b)(1). FAILURE TO FILE THEM WITHIN FOURTEEN (14) DAYS MAY CONSTITUTE A WAIVER AND/OR FORFEITURE OF OBJECTIONS, EXCEPTIONS, AND ANY FURTHER APPEAL.