Last Update: 7/22/2005 (Transmittal I-2-59)

HA 01240.096 Exhibit—Dismissal After Sentence Four District Court Remand

Renumbered from HALLEX section I-2-4-96

DECISION

This case is before me pursuant to a remand order from the Appeals Council issued on (Fill-in: date).

On (Fill-in: date) the claimant, (Fill-in: name), filed an application for (a period of disability and Disability Insurance Benefits under Title II) (Supplemental Security Income payments under Title XVI). The claim was initially denied on (Fill-in: date) and again on reconsideration on (Fill-in: date). The claimant filed a request for hearing on (Fill-in: date). (A hearing was held before the undersigned on (Fill-in: date). The claimant appeared and testified at this hearing (, represented by an attorney/non-attorney representative, (Fill-in: name))). (The claimant was advised of her right to be represented at the hearing and elected to proceed pro se.) (A vocational expert, (Fill-in: name) was also present at the hearing.) (A medical expert, (Fill-in: name), also appeared and testified at the hearing. The claimant appeared and testified at a hearing held before Administrative Law Judge (Fill-in: name) in (Fill-in: location) on (Fill-in: date). A decision was issued on (Fill-in: date), finding the claimant not disabled and denying her claims. The claimant filed a request for review with the Appeals Council. ON (Fill-in: date), the Appeals Council denied review.

The claimant filed a complaint against the Social Security Administration in the United States District Court for the (Fill-in: district), appealing the denial of benefits. On (Fill-in: date), United States (Magistrate) Judge (Fill-in: name) entered a judgment and order of remand pursuant to sentence four of Section 205(g) of the Social Security Act, remanding the case to the agency for further proceedings. On (Fill-in: date) the Appeals Council issued an order of remand, vacating the ALJ's decision and remanding the case for further proceedings consistent with the District Court's order.

Section 205(g) of the Social Security Act does not preclude dismissal of a court remanded case under sentence four of that section, because such remands are final judgments, which conclude the district court's jurisdiction of the case. The remands are subject to appeal pursuant to sentence eight of section 205(g). The Supreme Court has held that a district court order remanding a Social Security disability benefit claim to the agency for further proceedings is a final judgment for purposes of section 1291. Forney v. Apfel, 524 U.S. 266 (1998).

(Discuss the basis for the dismissal of the claim subject to the sentence four remand order.)

Therefore, the undersigned finds that the United States District Court order was done under sentence four of section 205(g) of the Act. The undersigned also finds that based on the above rationale, the claimant's request for hearing filed on (Fill-in: date) is dismissed and the (initial) (reconsideration) determination of the Social Security Administration dated (Fill-in: date) remains in effect.