Opinion
2:22-cv-0261-EFS
06-23-2023
KIMBERLY P.,[1] Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
ORDER GRANTING THE PARTIES' STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(G)
EDWARD F. SHEA, SENIOR UNITED STATES DISTRICT JUDGE
The parties agree that the matter should be reversed and remanded to the Commissioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings as set forth below. The parties also agree that Plaintiff may be entitled to reasonable attorney fees and costs under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), upon proper request to the Court.
Consistent with the parties' agreement, IT IS HEREBY ORDERED:
1. The parties' Stipulated Motion for Remand, ECF No. 15, is GRANTED.
2. Judgment shall be entered for Plaintiff.
3. This matter is REVERSED and REMANDED to the Commissioner of Social Security for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). On remand, the Appeals Council is to instruct the ALJ to:
• offer Plaintiff the opportunity for a hearing,
• further develop the record as necessary,
• consider all issues de novo, and
• issue a new decision.
4. All pending motions are DENIED AS MOOT.
5. All hearings and other deadlines are STRICKEN.
6. If filed, the Court will consider Plaintiff's motion for fees and expenses under the Equal Access to Justice Act.
7. The Clerk's Office is directed to CLOSE this file.
IT IS SO ORDERED. The Clerk's Office is directed to enter this order and provide copies to all counsel.