Opinion
1:22-cv-1561 JLT BAM
06-22-2023
SAMUEL ENRIQUE RAMIREZ, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
ORDER REMANDING THE MATTER PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) (Doc. 16)
ORDER TERMINATING AS MOOT PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DIRECTING ENTRY OF JUDGMENT IN FAVOR OF PLAINTIFF SAMUEL ENRIQUE RAMIREZ AND AGAINST DEFENDANT KILOLO KIJAKAZI, ACTING COMMISSIONER OF SOCIAL SECURITY
Samuel Enrique Ramirez and Kilolo Kijakazi, Acting Commissioner of Social Security, stipulated to a voluntary remand of Plaintiff's application for benefits for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g) on June 21, 2023. (Doc. 16.) Pursuant to the terms of the stipulation, “the Appeals Council will instruct the Administrative Law Judge to perform a de novo review of the evidence, offer the claimant an opportunity for a new hearing, and issue a new decision.” (Id. at 1.) The parties also stipulated judgment shall be entered in favor of Plaintiff and against the Commissioner. (Id.) Based upon the terms of the stipulation, the Court ORDERS:
1. Plaintiff's motion for summary judgment (Doc. 14) is terminated as MOOT.
2. The matter is REMANDED for further administrative proceedings under sentence four
of 42 U.S.C. § 405(g).
3. The Clerk of Court is DIRECTED to enter judgment in favor of Plaintiff Samuel Enrique Ramirez and against Defendant Kilolo Kijakazi, the Acting Commissioner of Social Security.
IT IS SO ORDERED.