Opinion
1:23-CV-3126-WFN
01-10-2024
ASHLEY C., Plaintiff, v. MARTIN O'MALLEY, Commissioner of Social Security,[1] Defendant.
ORDER GRANTING STIPULATED REMAND
WM. FREMMING NIELSEN, SENIOR UNITED STATES DISTRICT JUDGE
Pending before the Court is the parties' Stipulated Motion for Remand. ECF No. 8. The Court has reviewed the file and Motion and is fully informed. Accordingly, IT IS ORDERED that:
1. The parties' Stipulated Motion for Remand, filed January 10, 2024, ECF No. 8, is GRANTED.
2. Based on the parties' stipulation, the above-captioned case is REVERSED and REMANDED for further administrative proceedings under sentence four of 42 U.S.C. § 405(g). Upon remand, the Appeals Council shall instruct the administrative law judge to:
(a) Reevaluate the evidence, including the medical evidence and Plaintiff's statements, as necessary;
(b) Reevaluate the step-five finding as necessary
(c) Take any action necessary to complete the administrative record;
(d) Offer the claimant an opportunity for a hearing; and
(e) Issue a new decision.
3. All other pending motions are DENIED AS MOOT.
4. Judgment shall be entered for Plaintiff.
5. Upon proper request, Plaintiff will be entitled to costs under 28 U.S.C. § 2412(a) and reasonable attorney fees and expenses under 28 U.S.C. § 2412(d).
The District Court Executive is directed to file this Order, enter judgment in favor of the Plaintiff, provide copies of this Order and the Judgment to counsel and CLOSE THIS FILE.