Davis v. Commissioner of Social Security

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.
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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

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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