Case Name in Social Security Case - Unavailable

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
SYLVIA DIANE RIPPEY
v.
FRANK BISIGNANO,
COMMISSIONER OF SOCIAL
SECURITY
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Civil Action No. 4:25-CV-00926-
ALM-AGD
MEMORANDUM OPINION AND ORDER
Before the Court for consideration is the Commissioner’s Unopposed Motion to Remand
for Further Administrative Proceedings Pursuant to Sentence Four of 42 U.S.C. § 405(g)
(“Commissioner’s Motion”) (Dkt. #13). After considering the Commissioner’s Motion, all
pleadings on file, and the applicable law, the court finds the Commissioner’s Motion (Dkt. #13)
should be GRANTED.
On August 25, 2025, Plaintiff Sylvia Diane Rippey filed this action seeking judicial review
of the Commissioner’s decision denying her application for a period of disability and Disability
Insurance Benefits under Title II of the Social Security Act (Dkt. #1). On March 3, 2026, the
Commissioner filed the Commissioner’s Motion, (Dkt. #13) asserting remand is appropriate and
requesting the Court reverse and remand the case for further administrative proceedings pursuant
to the fourth sentence of 42 U.S.C. § 405(g). The Commissioner’s Motion is
unopposed; accordingly, it appears both Parties agree that reversal and remand of this action is
necessary (Dkt. #13 at p. 3).
Section 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
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Commission of Social Security, with or without remanding the cause for a rehearing.” 42 U.S.C.
§ 405(g). Because further administrative proceedings are required in this case, the Court agrees
that remand is appropriate pursuant to the fourth sentence of Section 405(g). Based on the
foregoing, the Court finds the Commissioner’s final decision is hereby reversed, and Plaintiff’s
disability claim is hereby remanded to allow the Commissioner to conduct further administrative
proceedings pursuant to sentence four of 42 U.S.C. § 405(g) and Melkonyan v. Sullivan, 501 U.S.
89 (1991).
For the foregoing reasons, it is ORDERED that the Commissioner’s Unopposed Motion
to Remand for Further Administrative Proceedings Pursuant to Sentence Four of 42 U.S.C.
§ 405(g) (Dkt. #13), is GRANTED. The Commissioner’s decision is hereby REVERSED and
REMANDED for further administrative proceedings pursuant to the fourth sentence of 42 U.S.C.
§ 405(g).
IT IS SO ORDERED.
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