Opinion
Civil 2:22-CV-11425
12-22-2022
FAITH W. BROWN, Plaintiff, v. KILOLO KIJAKAZI, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.
Meredith E. Marcus Daley Disability Law, P.C. DAWN N. ISON United States Attorney Lisa G. Smoller Special Assistant United States Attorney.
Meredith E. Marcus Daley Disability Law, P.C.
Signed with consent obtained by email by Special Assistant United States Attorney Lisa G. Smoller, received on December 21, 2022.
DAWN N. ISON United States Attorney Lisa G. Smoller Special Assistant United States Attorney.
Of Counsel: Zak Toomey, Assistant United States Attorney, 211 Fort Street, Suite 2001, Detroit, MI 48226, MO 61618.
STIPULATION TO REMAND TO THE COMMISSIONER
HON. TERRENCE G. BERG United States District Judge.
Pursuant to sentence four of 42 U.S.C. § 405(g), the parties stipulate that the Court should enter an order remanding the above-captioned case to the Commissioner for further administrative action. On remand, the Appeals Council will instruct the Administrative Law Judge (“ALJ”) to further evaluate whether medical improvement occurred and give further consideration to Plaintiff's residual functional capacity. The ALJ will also give Plaintiff the opportunity for a hearing, take any further action needed to complete the administrative record, and issue a new decision.
CERTIFICATE OF SERVICE
I hereby certify that on December 21, 2022, the foregoing document was electronically filed with the Clerk of the Court using the ECF system.
I further certify that an employee of the United States Attorney's Office, mailed, via United States Postal Service, a copy of the document to Meredith Marcus at:
Meredith Marcus
Daley Disability Law, P.C.
4256 N. Ravenswood Ave., Ste. 104
Chicago, IL 60613
ORDER REMANDING CASE UNDER SENTENCE FOUR PER PARTIES' STIPULATION
The parties' Stipulation to Remand to the Commissioner is granted, and this case is remanded to the Commissioner for further proceedings under sentence four of 42 U.S.C. § 405(g). On remand, the Appeals Council will instruct the Administrative Law Judge (“ALJ”) to further evaluate whether medical improvement occurred and give further consideration to Plaintiff's residual functional capacity. The ALJ will also give Plaintiff the opportunity for a hearing, take any further action needed to complete the administrative record, and issue a new decision.
JUDGMENT
In accordance with the Order Remanding Case Under Sentence Four Per Parties' Stipulation entered on this date, It is ORDERED AND ADJUDGED that the case is REMANDED to the Commissioner of Social Security for further proceedings in accordance with that order.