Case Name in Social Security Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
EASTERN DIVISION
Maurice J.,
Plaintiff,
v.
Frank Bisignano, Commissioner of the Social
Security Administration,
Defendant.
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Case No. 3:25-cv-155
ORDER
Plaintiff Maurice J. initiated this action under 42 U.S.C. § 405(g), seeking judicial
review of the Social Security Commissioner’s final decision denying his application for disability
insurance benefits and supplemental security income benefits under Titles II and XVI of the Social
Security Act. Plaintiff Maurice J. filed a brief requesting reversal of the Commissioner’s final
decision and remand for further consideration. Doc. 11. In response, the Commissioner moved for
remand. Doc. 13. The Commissioner states Plaintiff does not oppose the Commissioner’s motion
to remand.
The 	Commissioner 	requests 	remand 	to 	conduct 	further 	administrative
proceedings 	pursuant to sentence four of 42 U.S.C. § 405(g). Under sentence four of § 405(g),
the Court can affirm, modify, or reverse the decision of the Commissioner, with or without
remanding the case for rehearing. A sentence four remand is proper when the Court makes
a substantive ruling regarding the correctness of the Commissioner’s decision and remands the
case in accordance with such ruling. Buckner v. Apfel, 213 F.3d 1006, 1010 (8th Cir. 2000).
Here, the parties agree the evidence is insufficient to support the Commissioner’s findings
and further proceedings are necessary. Remand under sentence four is therefore appropriate. It
is 	ORDERED 	that 	the 	Commissioner’s 	unopposed 	motion 	for 	remand 	(Doc. 	13)
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and Plaintiff Maurice J.'s request for remand (Doc. 11) are GRANTED, and the
decision of the Commissioner is REVERSED and REMANDED for further proceedings
consistent with this opinion.
JUDGMENT SHALL BE ENTERED ACCORDINGLY.
Dated this 13th day of November, 2025. 	/s/ Peter D. Welte
Peter D. Welte, Chief Judge
United States District Judge
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