Vineyard v. Commissioner Of Social Security

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
PHILIP 	EUGENE 	VINEYARD,
JR.,
Plaintiff,
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v. 	CIVIL ACTION NO. 4:25-cv-3472
FRANK BISIGNANO,
COMMISSIONER 	OF 	SOCIAL
SECURITY,
Defendant.
MEMORANDUM, RECOMMENDATION, AND ORDER
Pending before the Court1 is Frank Bisignano’s (the “Commissioner”)2
Notice That Stay May Be Lifted (ECF No. 11) and Unopposed Motion to
Reverse with Remand and Enter Judgment. 	(ECF No. 12). 	Having reviewed
the notice (ECF No. 11), the Court ORDERS that the stay in this case be
vacated (ECF No. 10). 	The Court further RECOMMENDS that Defendant’s
Unopposed 	Motion 	to 	Reverse 	with 	Remand 	and 	Enter 	Judgment 	be
GRANTED. (ECF No. 12).
1 The case was transferred from the United States District Judge to the undersigned
to conduct all further proceedings. (See ECF No. 4).
2 Frank Bisignano was sworn in as the Commissioner of Social Security on May 15,
2025. Bisignano is “automatically substituted” as the defendant in this suit. FED . R. CIV. P.
25(d); see also 42 U.S.C. § 405(g) (“Any action instituted in accordance with this subsection
shall survive notwithstanding any change in the person occupying the office of Commissioner
of Social Security or any vacancy in such office.”).
United States District Court
Southern District of Texas
ENTERED
November 18, 2025
Nathan Ochsner, Clerk
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I. 	Notice to Lift Stay
On October 1, 2025, the Commissioner moved for a stay in light of the
United States Government Cessation which started at the end of September
30, 2025, and requested a stay until Congress restored appropriations to the
Department of Justice and Social Security Administration (“SSA”). 	(ECF No.
9). 	On October 2, 2025, the Court ordered that the motion be granted. 	(ECF
No. 10).
Since then, the Government Cessation and lapse in appropriations has
ended. 	(ECF No. 11 at 1). 	The Commissioner therefore provides notice that
the Stay Order may be lifted. (Id.). Based on the foregoing, the Court is of the
opinion that the stay be lifted.
II. 	Motion to Remand
Defendant requests the Court enter judgment remanding the matter for
further administrative proceedings, pursuant to sentence four of 42 U.S.C.
§ 405(g). (ECF No. 12 at 1). Having reviewed the unopposed motion to remand,
the Court recommends that the motion be granted.
Upon remand, the Appeals Council will direct the Administrative Law
Judge 	to 	clarify 	whether 	an 	expedited 	reinstatement 	request 	and/or 	a
purported July 2021 application is at issue; as appropriate, remove reference
to a March 2022 Title XVI application; further consider the opinion evidence
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and prior administrative medical findings; further consider the claimant’s
symptoms; obtain vocational expert testimony; offer the claimant a hearing;
take any further action needed to complete the administrative record; and
issue a new decision.
Accordingly, the Court ORDERS that the stay in this case be vacated
(ECF No. 10). The Court RECOMMENDS Defendant’s Unopposed Motion to
Reverse with Remand and Enter Judgment (ECF No. 12) be GRANTED. The
Court further RECOMMENDS the case be remanded to the Commissioner for
further administrative proceedings.
The Clerk shall send copies of this Memorandum and Recommendation
to the respective parties who have fourteen days from the receipt thereof to file
written objections thereto pursuant to Federal Rule of Civil Procedure 72(b)
and General Order 2002-13. Failure to file written objections within the time
period mentioned shall bar an aggrieved party from attacking the factual
findings and legal conclusions on appeal.
SIGNED in Houston, Texas on November 18, 2025.
______________________________
Richard W. Bennett
United States Magistrate Judge
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