4:25-cv-04224•Sanchez v. Bisignano Case remanded to SSA.
Testo completo
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ANGELITA L. SANCHEZ, Plaintiff, § § § § § § § § § § § v. CIVIL ACTION NO. 4:25-cv-4224 FRANK BISIGNANO, COMMISSIONER OF SOCIAL SECURITY, Defendant. MEMORANDUM AND RECOMMENDATION Pending before the Court1 is Frank Bisignano’s (the “Commissioner”)2 Unopposed Motion for Entry of Judgment with Remand. (ECF No. 8). Having reviewed the motion (id.), the Court RECOMMENDS the Commissioner’s Unopposed Motion for Entry of Judgment with Remand be GRANTED. (Id.). The Commissioner requests the Court enter judgment with reversal and remand of the matter for further administrative proceedings, pursuant to sentence four of 42 U.S.C. § 405(g). (Id. at 1). Upon remand, the case will be 1 On December 3, 2025, the case was referred from the United States District Judge to the Undersigned to conduct all further proceedings. (See ECF No. 7). 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 December 04, 2025 Nathan Ochsner, Clerk Case 4:25-cv-04224 Document 9 Filed 12/04/25 in TXSD Page 1 of 2
2 remanded to an administrative law judge who will offer the claimant an opportunity for a hearing and issue a decision. Accordingly, the Court RECOMMENDS the Commissioner’s Unopposed Motion for Entry of Judgment with Remand (ECF No. 8) be GRANTED and that a judgment be entered in accordance with FED. R. C IV . P. 58, consistent with the decision in Shalala v. Schaefer, 509 U.S. 292, 296–302 (1993). 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 December 4, 2025. ______________________________ Richard W. Bennett United States Magistrate Judge Case 4:25-cv-04224 Document 9 Filed 12/04/25 in TXSD Page 2 of 2
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