Bochichio v. Bisignano

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION LORA B., Plaintiff, v. Case No.: 5:25-cv-00429 FRANK BISIGNANO, Commissioner of the Social Security Administration, Defendant. MEMORANDUM OPINION This is an action seeking review of the decision of the Commissioner of the Social Security Administration (hereinafter the “Commissioner”) denying Plaintiff’s application for supplemental security income (“SSI”) under Title XVI of the Social Security Act, 42 U.S.C. § 1381 -1383f. The case is presently before the Court on the Commissioner’s uncontested Motion for Remand. (ECF No. 7). The Commissioner also filed a Motion to Stay Due to Lapse of Appropriations. (ECF No. 8). Both parties have consented in writing to a decision by the United States Magistrate Judge. (ECF No. 9). Under sentence four of 42 U.S.C. § 405 (g), “[t]he court shall have power to enter, upon the pleadings and transcript 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.” Because a sentence four remand essentially “terminates the litigation with victory for the plaintiff,” the court enters a final judgment dismissing the case and removing it from the court’s docket. Shalala v. Schaefer, 509 U.S. 292, 299 (1993) (“Under § 405(g), ‘each final decision of the Secretary [is] reviewable by a separate piece of litigation,” and a sentence-four remand order ‘terminate[s] the civil action’ seeking judicial review of the Secretary's final decision.”) (quoting in Sullivan v. Hudson, 490 U.S. 877, 892 (1989)). The Court REVERSES the final decision of the Commissioner; GRANTS the Motion for Remand, (ECF No. 7); REMANDS this matter pursuant to sentence four of 42 U.S.C. § 405 (g) for further administrative proceedings consistent with this opinion; DENIES as moot the Motion to Stay Due to Lapse of Appropriations, (ECF No. 8); and DISMISSES this action from the docket of the Court. A Judgment Order will be entered accordingly. The Clerk of this Court is directed to transmit copies of this Memorandum Opinion to counsel of record. ENTERED: October 8, 2025 ey j Joxerh Sister Macistnate Judge