govinfo:USCOURTS-tnwd-2_26-cv-02076-1

IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF TENNESSEE 
WESTERN DIVISION 
DERRELL BRIAN CLEVELAND, 
Plaintiff,  
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No. 2:26-cv-02076-SHL-jay 
 
               
v. 
COMMISSIONER OF SOCIAL SECURITY, 
Defendant. 
 
ORDER ADOPTING REPORT AND RECOMMENDATION  
AND REMANDING CASE TO COMMISSIONER 
 
 
 Before the Court is Magistrate Judge Jon A. York’s Report and Recommendation 
(“R&R”), recommending that Defendant Commissioner of Social Security’s (“the 
Commissioner”) Motion to Reverse and Remand be granted, filed August 31, 2026.  (ECF No. 
20.)  In the Commissioner’s Motion, he “requests the Court to reverse the decision of the 
Administrative Law Judge (ALJ) and remand this action to Defendant pursuant to sentence four 
of section 205(g), 42 U.S.C. § 405(g).”  (ECF No. 19.)  Plaintiff Derrell Brian Cleveland 
consents to the Commissioner’s Motion.  (Id.)  Neither party objected to Judge York’s R&R.  
The R&R is ADOPTED and the Commissioner’s Motion is GRANTED for the reasons stated 
below. 
“The 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.”  42 U.S.C. § 405(g); see also 
Melkonyan v. Sullivan, 501 U.S. 89, 101–02 (1991) (“[I]n § 405(g) actions, remand orders must 
either accompany a final judgment affirming, modifying, or reversing the administrative decision 
in accordance with sentence four, or conform with the requirements outlined by Congress in 
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sentence six.”); Newkirk v. Shalala, 25 F.3d 316, 317–18 (6th Cir. 1994) (same).  “Immediate 
entry of judgment (as opposed to entry of judgment after postremand agency proceedings have 
been completed and their results filed with the court) is in fact the principal feature that 
distinguishes a sentence-four remand from a sentence-six remand.”  Shalala v. Schaefer, 509 
U.S. 292, 297 (1993) (citations omitted). 
 Therefore, the R&R is ADOPTED, the Commissioner’s Motion is GRANTED the 
ALJ’s decision is REVERSED, and this case is REMANDED to the Commissioner for a 
rehearing under sentence four of 42 U.S.C. § 405(g); judgment will be entered pursuant to 
Federal Rule of Civil Procedure 58. 
 IT IS SO ORDERED, this 1st day of October, 2026. 
 s/ Sheryl H. Lipman  
 SHERYL H. LIPMAN 
 CHIEF UNITED STATES DISTRICT JUDGE 
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