Opinion
CASE NO. 3:05-cv-1058-J-TEM.
May 23, 2011
ORDER
This matter is before the Court on Defendant's Unopposed Motion to Affirm the Commissioner's Decision Subsequent to Remand and for Entry of Judgment (Doc. #20, Motion). Previously, Defendant moved to remand this case for further administrative action pursuant to sentence four of 42 U.S.C. Sections 205(g), 1631(c)(3), 405(g), and 1383(c)(3) of the Social Security Act (Doc. #10). On February 3, 2006, the Court granted Defendant's aforementioned motion (Doc. #11, Order). The Court's Order remanding this case to the Commissioner was made pursuant to sentence four of 42 U.S.C. § 405(g) ( see Doc. #11).
Under Melkonyan v. Sullivan, 501 U.S. 89, 102 (1991), post remand review by the court is mandated in cases which were previously remanded under the sixth sentence of 42 U.S.C. § 405(g). Defendant's the basis for filing the Motion is as follows: "Because this case was previously remanded pursuant to sentence six of U.S.C. § 405(g), the Commissioner urges this Court to enter an order affirming [the Commissioner's] determination and enter Judgment for the plaintiff" (Doc. #20). As noted herein, this Court remanded the matter pursuant to sentence four of 42 U.S.C. § 405(g) ( see Doc. #11). Therefore, no additional Court review is required in this instance.
Based on the foregoing, it is hereby ORDERED:
Unopposed Motion to Affirm the Commissioner's Decision Subsequent to Remand and for Entry of Judgment (Doc. #20) is DENIED AS MOOT. DONE AND ORDERED at Jacksonville, Florida.