Opinion
No. CV-10-298-JPH.
September 19, 2011
ORDER GRANTING STIPULATED MOTION FOR REMAND (ECF No. 20)
BEFORE THE COURT is the parties' stipulated motion to remand this case to the Commissioner for further administrative proceedings ( ECF No. 20). Donald C. Bell represents plaintiff. Special Assistant United States Attorney Richard A. Morris represents defendant. The parties have consented to proceed before a magistrate judge (ECF No. 7).
After considering the stipulated motion (ECF No. 20), IT IS ORDERED that the motion is GRANTED. The case is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings, including:
1. The ALJ will hold a supplemental hearing;
2. Obtain updated medial evidence, including ordering a consultative examination or obtaining e medical expert's testimony, if warranted;
3. Further consider all acceptable source opinion evidence and other source opinion evidence;
4. Further consider plaintiff's credibility in accordance with SSR 96-7p, and assess plaintiff's residual functional capacity;
5. If warranted, obtain vocational expert testimony to assist in ascertaining if, given plaintiff's RFC, she could perform her past relevant work or other work existing in significant numbers; and
6. Re-evaluate the materiality of plaintiff's substance abuse.
On remand plaintiff may submit additional evidence and arguments.
Because this remand is pursuant to sentence four with a remand to the Commissioner for further proceedings ( see Melkonyan v. Sullivan, 501 U.S. 89 (1991)), plaintiff is entitled to reasonable attorney's fees and costs pursuant to 28 U.S.C. § 2412(a), (d), upon proper request to this Court.
IT IS FURTHER ORDERED:
1. The parties' stipulated motion for an order of remand pursuant to sentence four (ECF No. 20) is granted.
2. Judgment shall be entered for Plaintiff.
3. An application for attorney fees and costs may be filed by separate motion.
4. The District Court Executive is directed to enter this Order, enter judgment, forward copies to counsel, and CLOSE the file.
IT IS SO ORDERED.