4:25-cv-03510•Davis v. Commissioner of Social Security
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION J.R.D., Plaintiff, v. Frank Bisignano, Commissioner of the Social Security Administration, Defendant. § § § § § § § § § § § Civil Action No. 4:25-cv-03510 MEMORANDUM AND RECOMMENDATION This appeal from the denial of social security disability benefits was referred to the undersigned judge. Dkt. 4. Defendant Frank Bisignano filed an unopposed motion to reverse the ALJ’s decision and remand for further proceedings. Dkt. 13. Defendant asserts that his request is governed by the fourth sentence of 42 U.S.C. § 405(g), which requires entry of a judgment in Plaintiff’s favor. Id. at 3. Accordingly, the Court RECOMMENDS that Defendant’s motion (Dkt. 13) be GRANTED, and that a separate final judgment be entered REVERSING the denial of benefits and REMANDING the case to the Social Security Administration under the fourth sentence of 42 U.S.C. § 405(g). The parties have fourteen days from service of this Report and Recommendation to file written objections. 28 U.S.C. § 636(b)(1); Fed. United States District Court Southern District of Texas ENTERED December 03, 2025 Nathan Ochsner, Clerk Case 4:25-cv-03510 Document 14 Filed 12/03/25 in TXSD Page 1 of 2
2 R. Civ. P. 72(b). Failure to file timely objections will preclude appellate review of factual findings and legal conclusions, except for plain error. Ortiz v. City of San Antonio Fire Dep’t, 806 F.3d 822, 825 (5th Cir. 2015). Signed on December 3, 2025, at Houston, Texas. _________________________ _______ Yvonne Y. Ho United States Magistrate Judge Case 4:25-cv-03510 Document 14 Filed 12/03/25 in TXSD Page 2 of 2
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