Breed v. Commissioner — Social Security denial reversed and remanded for further proceedings

Reported / Citable

Background

Deariel B., a 29-year-old claimant with a high school education and prior work as a cashier and server, applied for supplemental security income and disability insurance benefits. He alleged disability beginning August 30, 2016, based on epilepsy and hearing loss.

The Social Security Administration denied the claims initially and on reconsideration. After a hearing at which Deariel B. and a vocational expert testified, an administrative law judge found at step five that jobs existed in the national economy that he could perform and concluded that he was not disabled. The Appeals Council denied review. In district court, Deariel B. argued that the ALJ improperly evaluated medical opinions and failed to account for off-task time or absenteeism in the residual functional capacity assessment.

The Court’s Holding

The Commissioner did not address the claimant’s substantive arguments and instead moved to reverse the agency’s decision and remand the case for further administrative proceedings. Deariel B. did not oppose that request.

Magistrate Judge Dena Hanovice Palermo granted the Commissioner’s motion and ordered a sentence-four remand under 42 U.S.C. § 405(g). The court reversed the Commissioner’s determination that Deariel B. was not disabled and remanded for further proceedings, while dismissing the complaint without prejudice and denying the claimant’s summary-judgment motion as moot. A separate final judgment was to follow.

Key Takeaways

• The court reversed the agency’s nondisability determination but did not order an immediate award of benefits.
• The remand proceeded under sentence four of 42 U.S.C. § 405(g) because the Commissioner sought further administrative proceedings after answering the complaint and presented no new evidence.
• The court did not resolve the claimant’s challenges to the ALJ’s treatment of medical opinions, off-task time, or absenteeism.

Why It Matters

The decision illustrates the procedural consequences of a sentence-four remand: the district court reverses or modifies the agency decision, remands for additional proceedings, and enters final judgment. The Social Security Administration must now reconsider the claim, but the ruling does not establish that Deariel B. is disabled or entitled to benefits.