Case Name in Social Security Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Kaekilia Leolynn, 	)
)
Plaintiff, 	) 	ORDER
)
vs. 	)
)
Martin O’Malley, Commissioner of 	) 	Case No. 1:23-cv-214
Social Security,1 )
)
Defendant. 	)
Before the court is an “Unopposed Motion to Reverse and Remand” filed by Defendant on
May 1, 2024. 	(Doc. No. 13). 	Plaintiff filed this action seeking judicial review of the
Commissioner’s final decision denying her application for disability insurance benefits under Title
II of the Social Security Act. 	Defendant requests the Court remand this matter to allow the
Commissioner to conduct further proceedings pursuant to sentence four of 42 U.S.C. § 405(g) and
Melkonyan v. Sullivan, 501 U.S. 89 (1991).
Section 405(g) permits the remand of a case to the Commissioner for further administrative
action. In Melkonyan, 501 U.S. at 97-103, the Supreme Court stated that § 405(g) permits only two
types of remand orders. The fourth sentence of § 405(g) authorizes a district court to enter “a
judgment affirming, modifying, or reversing the decision of the [Commissioner], with or without
remanding the case for rehearing.” Melkonyan, 501 U.S. at 97-101 (citing 42 U.S.C. § 405(g)). The
fourth sentence of § 405(g) further states that the remand order may be entered upon the pleadings
and transcript of the record. 	42 U.S.C. § 405(g). A sentence six remand is granted before the
1 Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Martin O’Malley is substituted for Kilolo
Kijakazi as the defendant in this suit.
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Commissioner files an answer or is granted in light of additional evidence upon a showing that
there is good cause for failing to incorporate the additional evidence into a prior proceeding.
Melkonyan, 501 U.S. at 100-01.
The court GRANTS Defendant’s unopposed motion (Doc. No. 13). The court reverses and
remands the ALJ’s decision for further administrative proceedings pursuant to the fourth sentence
of 42 U.S.C. § 405(g).
IT IS SO ORDERED.
Dated this 14th day of May, 2024.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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