7:26-cv-00011•Lopez v. Bisignano
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United States District Court Southern District of Texas ENTERED April 22, 2026 Nathan Ochsner, Clerk Case 7:26-cv-00011 Document 14 Filed 04/22/26 in TXSD Page 1 of 3
Case 7:26-cv-00011 Document 14 Filed 04/22/26 in TXSD Page 2 of 3
Case 7:26-cv-00011 Document 14 Filed 04/22/26 in TXSD Page 3 of 3
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Case 7:26-cv-00011 Document 14 Filed 04/22/26 in TXSD_ Page 1,0f 3 . United States District Court United States District Court Southern District of Texas Southem District of Texas FLED ENTERED APR 22 2026 °") UNITED STATES DISTRICT COURT ~ April 22, 2026 “$3 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk Nathan Ochsner, Clerk = ferk MCALLEN DIVISION LEANDRA LOPEZ, Plaintiff, vs. ACTION NO. 7:26-CV-0011 FRANK BISIGNANO, Commissioner of the Social Security Administration, Defendant. BLN Le LN LP M2 LP? G2 LI REPORT AND RECOMMENDATION This action by Plaintiff LEANDRA LOPEZ under 42 U.S.C. § 405(g) for the review of a final decision of the Commissioner of Social Security has been referred to the undersigned Magistrate Judge for consideration pursuant to 28 U.S.C. § 636(b)(1). On April 9, 2026, the | Commissioner answered the complaint by submitting a copy of the transcript of the administrative proceedings. (Dkt. Nos. 9, 10, 11). Soon thereafter, however, the Commissioner filed a Motion to Remand (the “Motion”) (Dkt. No. 13), which is now pending. Through the Motion, the Commissioner requests that the final administrative decision be reversed and that this case be remanded pursuant to the fourth sentence of 42 U.S.C. § 405(g) so that the Administrative Law Judge may provide Plaintiff the opportunity for a new hearing, take further action to complete the administrative record, and issue a new decision. (/d. at 1-3). Plaintiffis unopposed. (Id. at 4). Two kinds of remands are recognized by 42 U.S.C. § 405(g), specifically, a fourth sentence remand and a sixth sentence remand. Melkonyan v. Sullivan, 501 US. 89, 97-98 (1991). Under the fourth sentence of § 405(g), a court may affirm, modify, or reverse the decision of the Commissioner, with or without remanding the case for rehearing. Jd. A fourth sentence remand is appropriate where the Commissioner has failed to develop the administrative record fully or to 1/3 AUTHENTICATED U.S. GOVERNMENT INFORMATION GPO Case 7:26-cv-00011 Document14_ Filed 04/22/26 in TXSD Page 2of3 provide a full and fair hearing. Judge v. Astrue, 2011 WL 1810468, at *2 (E.D.N.Y. May 10, 2011) (citing Melkonyan, 501 U.S. at 98). Sentence four states that a remand order may be entered “upon the pleadings and transcript of the administrative record. 42 U.S.C. § 405(g). A sixth sentence remand, on the other hand, applies either (1) on motion of the Commissioner made for good cause before the Commissioner has filed an answer, or (2) where the district court learns of evidence not in existence or available at the time of the administrative proceeding that might have changed the proceeding’s outcome. Sullivan v. Finkelstein, 496 U.S. 617, 626 (1990); Fisher v. Kijakazi, 2023 WL 5939886, at *1 (S.D. Tex. Sept. 12, 2023). Given the present circumstances, a fourth sentence remand is seemingly appropriate. For these reasons, the Magistrate Judge RECOMMENDS that the Motion (Dkt. No. 13) be GRANTED, such that the final decision of the Commissioner should be REVERSED and this case REMANDED for further administrative action. | Notice to the Parties Within fourteen (14) days after being served a copy of this report, a party may serve and file specific, written obj ections to the proposed recommendations. 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b). Failure to file written objections within fourteen (14) days after service shall bar an aggrieved party from de novo review by the court on an issue covered in this report and from appellate review of factual findings accepted or adopted by the court, except on grounds of clear error or manifest injustice. Directive to Clerk of Court The Clerk of Court is DIRECTED to forward a copy of this report to the parties by any receipted means. 2/3 Case 7:26-cv-00011 Document14_ Filed 04/22/26 in TXSD Page 3of3 DONE at McAllen, Texas this 22nd day of April 2026. J T CKER ted States Magistrate Judge 3/3
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