4:25-cv-00926•Case Name in Social Security Case - Unavailable
Texto completo
United States District Court EASTERN DISTRICT OF TEXAS SHERMAN DIVISION SYLVIA DIANE RIPPEY v. FRANK BISIGNANO, COMMISSIONER OF SOCIAL SECURITY § § § § § § § Civil Action No. 4:25-CV-00926- ALM-AGD MEMORANDUM OPINION AND ORDER Before the Court for consideration is the Commissioner’s Unopposed Motion to Remand for Further Administrative Proceedings Pursuant to Sentence Four of 42 U.S.C. § 405(g) (“Commissioner’s Motion”) (Dkt. #13). After considering the Commissioner’s Motion, all pleadings on file, and the applicable law, the court finds the Commissioner’s Motion (Dkt. #13) should be GRANTED. On August 25, 2025, Plaintiff Sylvia Diane Rippey filed this action seeking judicial review of the Commissioner’s decision denying her application for a period of disability and Disability Insurance Benefits under Title II of the Social Security Act (Dkt. #1). On March 3, 2026, the Commissioner filed the Commissioner’s Motion, (Dkt. #13) asserting remand is appropriate and requesting the Court reverse and remand the case for further administrative proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g). The Commissioner’s Motion is unopposed; accordingly, it appears both Parties agree that reversal and remand of this action is necessary (Dkt. #13 at p. 3). Section 405(g) provides: “The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Case 4:25-cv-00926-ALM-AGD Document 14 Filed 03/06/26 Page 1 of 2 PageID #: <pageID>
2 Commission of Social Security, with or without remanding the cause for a rehearing.” 42 U.S.C. § 405(g). Because further administrative proceedings are required in this case, the Court agrees that remand is appropriate pursuant to the fourth sentence of Section 405(g). Based on the foregoing, the Court finds the Commissioner’s final decision is hereby reversed, and Plaintiff’s disability claim is hereby remanded to allow the Commissioner to conduct further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g) and Melkonyan v. Sullivan, 501 U.S. 89 (1991). For the foregoing reasons, it is ORDERED that the Commissioner’s Unopposed Motion to Remand for Further Administrative Proceedings Pursuant to Sentence Four of 42 U.S.C. § 405(g) (Dkt. #13), is GRANTED. The Commissioner’s decision is hereby REVERSED and REMANDED for further administrative proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g). IT IS SO ORDERED. Case 4:25-cv-00926-ALM-AGD Document 14 Filed 03/06/26 Page 2 of 2 PageID #: <pageID>
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