Opinion
1:22-CV-3012-JAG
08-29-2022
BARBARA J., Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
ORDER GRANTING STIPULATED REMAND
JAMES A. GOEKE UNITED STATES MAGISTRATE JUDGE
Before the court is the parties' Stipulated Motion to Remand. ECF No. 16. After considering the file and proposed order, it is hereby ORDERED:
1. The parties Stipulated Motion to Remand, ECF No. 16, is GRANTED.
2. Based on the stipulation of the parties, the above-captioned case is REVERSED and REMANDED for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Upon remand, the Appeals Council shall instruct the administrative law judge to:
a) reassess Plaintiff's impairments and reevaluate the medical opinions and prior administrative medical findings;
b) reconsider Plaintiff's residual functional capacity;
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 consideration, the Court will consider Plaintiff's application for reasonable attorney's fees and costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d).
The District Court Executive is directed to enter this Order, enter judgment in favor of the Plaintiff, provide copies of the Order and Judgment to counsel, and CLOSE THIS FILE.