Opinion
Civil 6:20-CV-01672-MC
08-18-2021
DALE DERRICK BURSAW, Plaintiff, v. Acting COMMISSIONER, SOCIAL SECURITY ADMINISTRATION Defendant.
SCOTT ERIK ASPHAUG, United States Attorney RENATA GOWIE, Civil Division Chief THOMAS M. ELSBERRY, Special Assistant United States Attorney of Attorneys for Defendant
SCOTT ERIK ASPHAUG, United States Attorney
RENATA GOWIE, Civil Division Chief
THOMAS M. ELSBERRY, Special Assistant United States Attorney of Attorneys for Defendant
ORDER FOR REMAND
MICHAEL J . MCSHANE, UNITED STATES DISTRICT JUDGE
Based on the stipulation of the parties, it is hereby ORDERED that the above-captioned case be reversed and remanded for further administrative proceedings, including but not limited to the following: the Administrative Law Judge will give Plaintiff an opportunity for a new hearing; reevaluate Plaintiff's residual functional capacity; and obtain supplemental evidence from a vocational expert at Step 5 (20 C.F.R. § 404.1566 and Social Security Rulings 83-14 and 00-4p).
The parties stipulate that this remand be made pursuant to sentence four of 42 U.S.C. § 405(g). The parties agree that reasonable attorney fees and costs will be awarded under the Equal Access to Justice Act, 28 U.S.C. § 2412, upon proper request to the Court.
IT IS ORDERED.