Opinion
No. CV 09-0358 LAM.
February 18, 2010
Electronically submitted 2/17/10 , MANUEL LUCERO, Assistant United States Attorney, Attorney for Defendant.
Approved telephonically 2/17/10 , FRANCESCA J. MACDOWELL, Attorney for Plaintiff.
ORDER GRANTING DEFENDANT'S UNOPPOSED MOTION TO REMAND PURSUANT TO SENTENCE FOUR
THIS MATTER is before the Court on Defendant's Unopposed Motion to Remand for Further Administrative Proceedings ( Doc. 28). Upon review of the file, the Court finds that the motion is well-taken and should be GRANTED and that:
1. Judgment should be entered reversing the decision of the Defendant and remanding this case to the Defendant for further administrative action pursuant to sentence four (4) of § 205(g) of the Social Security Act, 42 U.S.C. § 405(g). See Melkonyan v. Sullivan, 501 U.S. 89, 98 (1991) (distinguishing sentence-four and sentence-six remands).
2. Upon remand, the Appeals Council will return the case to an administrative law judge who will: (a) hold a new hearing; (b) consider all of the evidence, including new evidence that Plaintiff submitted with her brief (which tends to show, among other things, that Plaintiff's adiposis dolorosa condition was severe for at least twelve months); and (c) issue a new decision based on all of the evidence in the record.