Opinion
5:23-cv-343-MTT-CHW
03-01-2024
B.S.W., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
MARC T. TREADWELL, CHIEF JUDGE UNITED STATES DISTRICT COURT
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. 13). In light of that request, which Plaintiff does not oppose, the Court hereby GRANTS the motion and 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) offer Plaintiff the opportunity for a new hearing; (2) further evaluate the opinion evidence; (3) further evaluate Plaintiff's residual functional capacity; (4) obtain supplemental vocational evidence; and (5) 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.