MIDDLETON v. COMMISSIONER OF SOCIAL SECURITY

Opinion

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

E.M., : : Plaintiff, : Case No.: 5:24-cv-00357-CAR-CHW : v. : : Social Security Appeal COMMISSIONER OF : SOCIAL SECURITY, : : Defendant. : :

ORDER

The Commissioner of Social Security has moved, under sentence four of 42 U.S.C. § 405(g),1 for entry of judgment to remand the case for further administrative action. (Doc. 14). In light of that request, to which the Plaintiff does not oppose, the Court hereby REVERSES and REMANDS the Commissioner’s decision under sentence four of 42 U.S.C. § 405(g). See Shalala v. Schafer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991). On remand, the Commissioner, through the ALJ, will offer Plaintiff an opportunity for a hearing, take any necessary action to complete the administrative record, and issue a new decision. The Clerk of Court will enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. SO ORDERED, this 3rd day of October, 2025.

s/ C. Ashley Royal C. ASHLEY ROYAL, SENIOR 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).