Opinion
Case No.: 3:14-cv-295
09-22-2015
DAVID K. MITSOFF, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
(Consent Case) ORDER AND ENTRY: (1) GRANTING THE JOINT, UNOPPOSED MOTION FOR REMAND (DOC. 17); (2) REVERSING THE ALJ'S NON-DISABILITY FINDING; (3) REMANDING THIS CASE TO THE COMMISSIONER UNDER THE FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR FURTHER ADMINISTRATIVE PROCEEDINGS; (4) DIRECTING THE CLERK TO ENTER JUDGMENT IN FAVOR OF PLAINTIFF; AND (5) TERMINATING THIS CASE ON THE COURT'S DOCKET
This Social Security disability benefits appeal is presently before the undersigned for disposition based upon the parties' consent. Doc. 4. The parties jointly move for an Order remanding this case for further administrative proceedings pursuant to the Fourth Sentence of 42 U.S.C. § 405(g), and for the entry of judgment pursuant to Fed. R. Civ. P. 58. Doc. 17. The parties state that remand is warranted to address the inconsistencies between consultative examiner Dr. Halmi's opinion and Plaintiff's residual functional capacity. Id.
For good cause shown, and because the requirements of a Sentence Four remand have been satisfied, IT IS ORDERED THAT: (1) the parties' joint, unopposed motion for a Sentence Four remand (doc. 17) is GRANTED; (2) the ALJ's non-disability finding is REVERSED; (3) this case is REMANDED to the Commissioner under the Fourth Sentence of 42 U.S.C. § 405(g) for further proceedings; and (4) this case is TERMINATED upon the Court's docket. The Clerk is ORDERED to enter judgment in favor of Plaintiff.
IT IS SO ORDERED. Date: September 22, 2015
s/ Michael J . Newman
Michael J. Newman
United States Magistrate Judge