Opinion
2:23-cv-00278-LRS
02-07-2024
CARRIE A.,[1]Plaintiff, v. MARTIN O'MALLEY, 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. 11. 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. 11 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, the ALJ shall take action to complete the administrative record, offer the claimant the opportunity for a hearing, and issue a new decision. The ALJ shall discuss the supportability and consistency of the opinion of Susan Burke, Psy.D. The ALJ shall also, as necessary: reconsider the claimant's impairments at steps two and three; reconsider the claimant's subjective statements; reconsider the nonmedical evidence; reconsider the medical opinion evidence; reconsider the claimant's residual functional capacity; and reconsider the claimant's ability to work at steps four and five.
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 opening brief, ECF No. 7, 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.