Opinion
1:23-cv-03103-RHW
11-21-2023
CARISSA B.,[1] Plaintiff, v. KILOLO KIJAKAZI, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER GRANTING STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(G) AND CLOSING FILE
ECF NOS. 9, 11
ROBERT H. WHALEY, SENIOR UNITED STATES DISTRICT JUDGE
Before the Court is the parties' Stipulated Motion for Remand, ECF No. 11, requesting remand of the above-captioned matter to the Commissioner for additional administrative proceeding pursuant to sentence four of 42 U.S.C. § 405(g). Attorney D. James Tree represents Plaintiff. Attorneys David Burdett and Matthew Pile represent Defendant.
After consideration, IT IS HEREBY ORDERED that:
1. The parties' Stipulated Motion for Remand, ECF No. 11, is GRANTED.
2. The above-captioned case be REVERSED and REMANDED to the Commissioner of Social Security for further administrative proceeding pursuant to sentence four of 42 U.S.C. § 405(g).
The parties have stipulated to the following instructions. On remand, the Appeals Council will instruct the ALJ to:
• Re-evaluate the medical opinion evidence;
• Re-evaluate the lay opinion evidence;
• Re-evaluate Plaintiff's maximum residual functional capacity;
• Obtain supplemental vocational expert testimony to clarify the effect of the assessed limitations on Plaintiff's ability to perform other work in the national economy;
• Offer Plaintiff the opportunity for a new hearing;
• Take any further action needed to complete the administrative record; and
• Issue a new decision.See ECF No. 11 at 1-2.
3. Judgment shall be entered for PLAINTIFF.
4. Plaintiff's Motion for Summary Judgment (ECF No. 9) is STRICKEN AS MOOT.
5. Upon proper presentation, this Court consider Plaintiff's application for fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412(d).
The District Court Executive is directed to enter this Order, enter Judgment in favor of Plaintiff, forward copies to counsel, and CLOSE THE FILE.