Case Name in Social Security Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Brittany Dawn Zappone, 	)
on behalf of K.R.Z., a 	)
deceased minor, 	)
)
Plaintiff, 	) 	ORDER
)
vs. 	)
)
Carolyn Colvin,1 )
Acting Commissioner of Social Security, 	) 	Case No. 1:24-cv-00076
)
Defendant. 	)
Before the court is an “Unopposed Motion to Reverse and Remand” filed by Defendant on
December 30, 2024. 	(Doc. No. 16). 	Plaintiff filed this action seeking judicial review of the
Commissioner’s final decision finding the Special Needs Trust did not meet the requirements of an
excluded trust and denying Supplemental Security Income benefits. 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
1 Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn Colvin is substituted for Martin
O’Malley as the defendant in this suit.
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and transcript of the record. 	42 U.S.C. § 405(g). A sentence six remand is granted before the
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. 16). 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 2nd day of January, 2025.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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