Opinion
5:23-cv-00281-CAR-CHW
01-31-2024
A.S., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Social Security Appeal
ORDER
C. ASHLEY ROYAL, SENIOR JUDGE
The Commissioner of Social Security has moved, under sentence four of 42 U.S.C. § 405(g),for entry of judgment to remand the case for further administrative action. (Doc. 14). In light of that request, to which the Plaintiff lodged no opposition, the Court hereby REVERSES and REMANDS the Commissioner's decision under sentence four of 42 U.S.C. § 405(g). See Shalala v. Schafer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991). On remand, the Commissioner, through the ALJ, will (1) update the record; (2) obtain medical expert evidence; (3) reevaluate whether Plaintiff had medical improvement as outlined in 20 C.F.R. § 404.1594; (4) take any further action needed to develop the record; (5) offer Plaintiff an opportunity for a hearing; (6) further consider the prior administrative findings; (7) further evaluate Plaintiff's residual function capacity (RFC); (8) obtain supplemental vocational expert testimony; and (9) issue a new decision.
Sentence four of § 405(g) provides: “The court shall have power to enter, upon the pleadings, and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with our without remanding the cause for a rehearing.” 42 U.S.C. § 405(g).
The Clerk of Court will enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.
SO ORDERED.