Case Name in Social Security Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Toby Tyler Brockel, 	)
)
Plaintiff, 	) 	ORDER
)
v. 	)
)
Martin O’Malley, 	)
Commissioner of Social Security, 	) 	Case No.: 1:24-cv-00058
)
Defendant. 	)
Before the court is an “Unopposed Motion to Reverse and Remand” filed by Defendant on
September 4, 2024. (Doc. No. 14). Plaintiff filed this action seeking judicial review of the
Commissioner’s final decision denying his application for Supplemental Security Income (“SSI”)
under Title XVI of the Social Security Act. 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, the Supreme Court stated that § 405(g) permits only two types of remand
orders, a sentence four or sentence six remand. Melkonyan, 501 U.S. at 97-103. 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.”
Id. 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 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.
Case 1:24-cv-00058-CRH Document 15 Filed 09/05/24 Page 1 of 2

The court GRANTS Defendant’s unopposed motion. (Doc. No. 14). 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 5th day of September, 2024.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
Case 1:24-cv-00058-CRH Document 15 Filed 09/05/24 Page 2 of 2