Unreported / Non-Citable
Background
Timothy Floyd sought judicial review of a decision by the Commissioner of Social Security. During the district-court proceedings, the Commissioner filed an unopposed motion requesting entry of judgment and remand under the fourth sentence of 42 U.S.C. § 405(g).
The court explained that § 405(g) permits sentence-four and sentence-six remands. A sentence-four remand includes a merits judgment affirming, modifying, or reversing the Commissioner’s decision, while a sentence-six remand generally occurs when the Commissioner requests remand before answering or when qualifying new and material evidence is presented.
The Court’s Holding
The court granted the Commissioner’s unopposed motion, reversed the case, and remanded it to the Commissioner for further administrative action consistent with the motion.
The court determined that a sentence-four remand was appropriate under the circumstances. Unlike a sentence-six remand, the ruling called for immediate entry of judgment together with the remand.
Key Takeaways
- The court granted the Commissioner’s unopposed request for remand.
- The remand was ordered under sentence four of 42 U.S.C. § 405(g).
- The order reverses the challenged administrative disposition and returns the matter to the Commissioner for further action.
Why It Matters
Classifying the order as a sentence-four remand matters procedurally because the court enters judgment immediately rather than retaining the case until post-remand agency proceedings are completed. The Commissioner must now conduct further administrative proceedings consistent with the unopposed motion.