Opinion
2:22-CV-0255-JAG
11-07-2023
BRIAN 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. 22. After considering the motion, file and proposed order, it is hereby ORDERED:
1. The parties Stipulated Motion to Remand, ECF No. 22, 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) Obtain additional testimony from a vocational expert regarding whether there are jobs existing in significant numbers that an individual with claimant's RFC could perform;
b) Identify and obtain a reasonable explanation for any conflicts between occupational evidence provided by vocational experts and information in the Dictionary of Occupational Titles (DOT). See SSR 00-4p (2000);
c) Reevaluate the persuasiveness of the medical opinions, including the opinions of William Phillips, M.D.; and d) Offer the claimant the opportunity for a hearing, take further action to complete the administrative record resolving the above issues and 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.