Opinion
No. CV-11-0416-CI
04-09-2013
AMY JO ANGSTROM, Plaintiff, v. CAROLYN W. COLVIN, Acting, Commissioner of Social Security, Defendant.
ORDER GRANTING STIPULATED
MOTION TO REMAND PURSUANT TO
SENTENCE FOUR OF 42 U.S.C.
§ 405(g)
BEFORE THE COURT is the parties' stipulated Motion to Remand the above-captioned matter to the Commissioner for additional administrative proceedings pursuant to sentence four of 42 U.S.C. 405(g). ECF No. 19. Attorney Maureen Rosette represents Plaintiff; Special Assistant United States Attorney Summer Stinson represents Defendant. The parties have consented to proceed before a magistrate judge. ECF No. 8. After considering the file, and proposed order,
IT IS ORDERED:
1. The parties Motion to Remand, ECF No. 19, is GRANTED. The above-captioned case is REVERSED and REMANDED to the Commissioner of Social Security for further administrative proceedings, including a new hearing, pursuant to sentence four of 42 U.S.C. § 405(g). On remand, the administrative law judge (ALJ) will conduct a de novo hearing and offer Plaintiff the opportunity to appear at the new administrative hearing. Plaintiff may testify, submit additional evidence, and make new arguments at the hearing.
The ALJ shall make a new, full sequential disability evaluation, including re-evaluating Plaintiff's impairments. The ALJ shall evaluate the records and opinions of Antoine G. Tohmeh, M.D., one of Plaintiff's treating doctors and shall contact Dr. Tohmeh to clarify his opinion. Any other new medical evidence, if available, shall be entered into the record and considered on remand. If the ALJ rejects any of the medical opinions, the ALJ shall provide legally sufficient explanation of the reasons. The ALJ shall assess whether the claimant meets a listing. The ALJ shall re-evaluate the other medical evidence, Plaintiff's impairments, Plaintiff's credibility, Plaintiff's residual functional capacity, and Plaintiff's ability to perform work at steps four and five. If necessary, the ALJ shall obtain vocational expert testimony to help determine Plaintiff's ability to perform work at steps four and five. The ALJ shall issue a new decision.
2. Judgment shall be entered for the PLAINTIFF.
3. Plaintiff's Motion for Summary Judgment, ECF No. 14, and is stricken as moot.
4. An application for attorney fees may be filed by separate motion.
The District Court Executive is directed to enter this Order, forward copies to counsel, and thereafter shall close this file.
CYNTHIA IMBROGNO
UNITED STATES MAGISTRATE JUDGE