Rachelle K v. Comm'r of Soc. Sec.

Full title: RACHELLE K.[1], Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Court: United States District Court, Southern District of Ohio

Date published: Jan 16, 2024

2:23-cv-03616 (S.D. Ohio Jan. 16, 2024)

Opinion

2:23-cv-03616

01-16-2024

RACHELLE K.[1], Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

ALGENON L. MARBLEY, CHIEF JUDGE

STEPHANIE K. BOWMAN, MAGISTRATE JUDGE

ORDER

ALGENON L. MARBLEY, CHIEF JUDGE

This matter is before this Court on the parties' Joint Motion to Remand to the Commissioner. (ECF No. 8). This Court finds the motion well taken, and GRANTS the motion.

Accordingly, it is hereby ORDERED that the prior non-disability finding of the Commissioner of Social Security is VACATED and this matter REMANDED to the Commissioner of Social Security pursuant to Sentence Four of Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). Upon remand, the Appeals Council will vacate all findings in the Administrative Law Judge's decision. The Commissioner will develop the administrative record as necessary to determine whether Plaintiff is disabled within the meaning of the Social Security Act, hold a new hearing, and then issue a new decision.

The Clerk of Court is hereby DIRECTED to enter judgment in this matter pursuant to Fed.R.Civ.P. 58(b).

IT IS SO ORDERED.