Hayhurst v. Commissioner of Social Security

Sep 1, 2026

3:26-cv-00143

CONSENTED-TO MOTION FOR REVERSAL AND REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g)

The Defendant, the Commissioner of the Social Security Administration (“Commissioner”), has determined that remand of the above-captioned matter is appropriate. Accordingly, the Commissioner respectfully moves this Court, pursuant to sentence four of 42 U.S.C. § 405(g), to enter a judgment reversing his decision with remand of the cause for further administrative proceedings. See Melkonyan v. Sullivan, 501 U.S. 89 (1991). Under sentence four of 42 U.S.C. § 405(g), this Court has the 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.” Id. at 98.

Upon remand by this Court, the Appeals Council will remand this matter to an Administrative Law Judge (“ALJ”). Upon remand, the ALJ shall be instructed to further consider Plaintiff‘s maximum residual functional capacity to sustain work on a regular and continuing basis during the entire period at issue, and provide rationale with specific references to evidence of record in support of the assessed limitations. 20 C.F.R. § 416.945; Social Security Ruling 96-8p. In so doing, the ALJ will evaluate the medical source opinion(s) and/or prior administrative medical findings pursuant to the provisions of 20 C.F.R. § 416.920c.

For these reasons, the Commissioner respectfully requests that this Court enter an Order and Final Judgment reversing the Commissioner’s decision and remanding the case for further administrative proceedings.

Plaintiff’s counsel has authorized the undersigned to represent that Plaintiff consents to this motion.

IT IS SO ORDERED:

Miroslav Lovric

U.S. Magistrate Judge

Dated: September 1, 2026

Binghamton, NY