Shortridge v. SSA, No. 7:2018cv00031 - Document 20 (E.D. Ky. 2018)

Court Description: MEMORANDUM OPINION & ORDER: 1. Pursuant to sentence four of 42:405(g), Commissioner's Unopposed Motion for Entry of Judgment with Remand under Sentence Four of 42:405(g), (R. 19 , is GRANTED; 2. Plas Motion for Judgment on the Pleadin gs, (R. 13 ), is DENIED AS MOOT; and 3. Pursuant to FRCP 58(a), judgment reversing Commissioner's Administrative Decision and remanding case to Commissioner for additional administrative proceedings shall be entered by separate order. Signed by Magistrate Judge Edward B. Atkins on 10/10/2018. (TDA) cc: COR
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Shortridge v. SSA Doc. 20 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY SOUTHERN DIVISION PIKEVILLE CIVIL ACTION NO. 7:18-CV-00031-EBA DAVID LYNN SHORTRIDGE V. PLAINTIFF, MEMORANDUM OPINION AND ORDER NANCY A. BERRYHILL, in her official capacity as the Acting Commissioner of the Social Security Administration DEFENDANT. *** *** *** *** This matter comes before the Court on Plaintiff’s Motion for Judgment on the Pleadings, [R. 13], and the Commissioner’s Unopposed Motion for Entry of Judgment with Remand under Sentence Four of 42 U.S.C. § 405(g), [R. 19]. Plaintiff’s Motion and Memorandum in Support of Motion for Judgment on the Pleadings, [R. 13; R. 13-1], requests the Court grant Plaintiff’s Motion for Judgment on the Pleading and remand the case for further administrative proceedings. [R. 13-1 at 1]. In lieu of a response to Plaintiff’s Motion for Judgment on the Pleadings, [R. 13], the Commissioner has filed an Unopposed Motion for Entry of Judgment with Remand under Sentence Four of 42 U.S.C. § 405(g), [R. 19], requesting the Court “enter an order reversing and remanding this case for additional administrative proceedings.” [R. 19 at 1]. Sentence four of 42 U.S.C. § 405(g) states, “The court shall have power to enter, upon the pleadings and transcripts of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing.” The Commissioner has “conferred with counsel for Plaintiff, who stated that Plaintiff has no objection to the relief sought in [the Commissioner’s] motion but [he] reserves the right to Dockets.Justia.com file a response.” [Id. at 2]. Having considered the matter fully, and being otherwise sufficiently advised, IT IS ORDERED as follows: 1. Pursuant to sentence four of 42 U.S.C. § 405(g), the Commissioner’s Unopposed Motion for Entry of Judgment with Remand under Sentence Four of 42 U.S.C. § 405(g), [R. 19], is GRANTED; 2. Plaintiff’s Motion for Judgment on the Pleadings, [R. 13], is DENIED AS MOOT; and 3. Pursuant to Federal Rules of Civil Procedure 58(a), judgment reversing the Commissioner’s Administrative Decision and remanding this case to the Commissioner for additional administrative proceedings shall be entered by separate order. This the 10th day of October, 2018.