Opinion
2:21-CV-00245-LRS
03-31-2022
CARRIE A., [1] Plaintiff, v. KILOLO KIJAKAZI, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER GRANTING STIPULATED MOTION FOR REMAND
LONNY R. SUKO SENIOR UNITED STATES DISTRICT JUDGE
BEFORE THE COURT is the Defendant's Stipulated Motion for Remand, ECF No. 16. Based on the stipulation of the parties, the Court finds good cause to grant the motion. Accordingly, pursuant to the stipulation, IT IS HEREBY ORDERED:
1. Defendant's Stipulated Motion for Remand, ECF No. 16 is GRANTED.
2. This case is REVERSED and REMANDED for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g).
3. On remand, t h e Administrative Law Judge shall: (1) evaluate the claimant's alleged traumatic brain injury and consider whether it constitutes a severe medically determinable impairment; (2) reevaluate the opinion evidence of record, considering its supportability and consistency with the evidence of record; (3) reassess the claimant's subjective symptoms; (4) reevaluate the claimant's maximum residual functional capacity taking into account all medically determinable impairments; (5) if warranted by the expanded record, obtain supplemental vocational expert evidence to clarify the effect of the assessed limitations on the claimant's ability to perform other work in the national economy; (6) offer the claimant the opportunity for a hearing, take any further action needed to complete the administrative record; and (7) issue a new decision.
4. Upon proper presentation, this Court will consider Plaintiff s application for costs, expenses, and reasonable attorney's fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(a), (d).
5. Plaintiff s Motion for Summary Judgment, ECF No. 14, and the hearing and remaining briefing schedule are VACATED as moot.
IT IS SO ORDERED. The District Court Clerk is directed to enter this Order and provide copies to counsel. Judgment shall be entered for Plaintiff and the file shall be CLOSED.