Opinion
CIVIL ACTION NO. 01-953, SECTION "J" (4).
April 30, 2003.
MINUTE ENTRY
Before the Court is Plaintiff's Motion to Order this Matter Returned to the District Court for Decision (Rec. Doc. 22) which was set for hearing on April 23, 2003 on the briefs. Defendant has submitted a memorandum in opposition (Rec. Doc. 24). In his motion, Plaintiff argues that the Court should order that the above-captioned matter be returned to its jurisdiction to allow the Court to make a final decision on the merits of Plaintiff's social security claim.
On August 15, 2002, the Court remanded this matter to the Social Security Administration for further proceedings. The Court further ordered that a new Administrative Law Judge ("ALJ") was to render a final decision on Plaintiff's claim within 120 days of the Court's order. However, no hearing has yet been held by an ALJ. According to Defendant, the matter has been assigned to a new ALJ and arrangements have been made for an administrative hearing to be held as soon as possible.
As to the instant motion, Plaintiff's problem is that he cites no legal authority for the relief he is requesting. A district court is divested of jurisdiction once it remands a case pursuant to sentence four of 42 U.S.C. § 405(g) See, Frizzell v. Sullivan, 937 F.2d 254, 256-57 (5th Cir. 1991) (holding that a remand order under § 405(g) is a final judgment and divests the district court of jurisdiction). Thus, without further action by the Social Security Administration, this Court lacks jurisdiction to grant Plaintiff's requested relief. While the Court does not approve of the Social Security Administration's failure to comply with the August 15, 2002 order, the Court lacks jurisdiction to order the matter returned to it in order to make a final decision on the merits of Plaintiff's claim.
Sentence four of 42 U.S.C. § 405(g) states that "[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."
Therefore;
It is HEREBY ORDERED that Plaintiff's Motion to Order this Matter Returned to the District Court for Decision (Rec. Doc. 22) is DENIED.