Opinion
2:23-cv-00159-EFS
12-19-2023
CAROL T.,[1] Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
ORDER GRANTING THE PARTIES' STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g)
EDWARD F. SHEA Senior United States District Judge
On November 22, 2023, the parties filed a Stipulated Motion for Remand. The parties agree that the matter should be reversed and remanded to the Commissioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings.
Consistent with the parties' agreement, IT IS HEREBY ORDERED:
1. The parties' Stipulated Motion to Remand, ECF No. 15, is GRANTED.
2. This matter is REVERSED and REMANDED to the Commissioner of Social Security for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). On remand, the Appeals Council is to instruct the ALJ to:
• develop the record as needed;
• offer Plaintiff the opportunity for a new hearing;
• reconsider the RFC and, if necessary, present it to the vocational expert to resolve any conflict between the RFC and jobs identified at step five;
• reconsider Plaintiff's subjective testimony;
• reconsider Plaintiff's impairments at steps two and three;
• reconsider the medical and other evidence;
• and reconsider Plaintiff's ability to work at steps four and five.
3. The Clerk's Office shall TERM the hearing and the Plaintiff's brief at ECF No. 8, enter JUDGMENT in favor of Plaintiff, and CLOSE the case.
IT IS SO ORDERED. The Clerk's Office is directed to enter this Order and provide copies to all counsel.