Opinion
Case No.: 3:14-cv-187
01-14-2015
S.Y., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
(Consent Case)
ORDER AND ENTRY: (1) GRANTING THE JOINT, UNOPPOSED MOTION FOR REMAND (DOC. 13); (2) REMANDING THIS CASE TO THE COMMISSIONER UNDER THE FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR PROCEEDINGS CONSISTENT WITH THIS ORDER; AND (3) 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' full 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. 13. The parties jointly request that, upon remand, the Appeals Council remand the matter to the Administrative Law Judge ("ALJ") for a new hearing and a new disability decision with instructions to the ALJ to: give further consideration to each medical source opinion of record, in particular those of the examining and non-examining consultants from the time period in question; and to explain the weight given each opinion. Id.
For good cause shown, and because the requirements of a Sentence Four remand have been satisfied, IT IS ORDERED THAT: (1) the ALJ's non-disability finding is found unsupported by substantial evidence, and the parties' joint, unopposed motion for a Sentence Four remand is GRANTED; (2) this case is REMANDED to the Commissioner under the Fourth Sentence of 42 U.S.C. § 405(g) for proceedings consistent with this Order, including but not limited to further consideration of medical source opinions of record and further explanation of the weight given each opinion; and (3) this case is TERMINATED upon the Court's docket. The Clerk is ORDERED to enter judgment accordingly.
IT IS SO ORDERED. Date: January 14, 2015
s/ Michael J. Newman
Michael J. Newman
United States Magistrate Judge