Opinion
1:21-CV-3164-TOR
07-11-2022
ORDER GRANTING STIPULATED MOTION FOR REMAND
THOMAS O. RICE UNITED STATES DISTRICT JUDGE
BEFORE THE COURT is the parties' Stipulated Motion for Remand (ECF No. 14). The parties have agreed that this case should be reversed and remanded for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g).
IT IS HEREBY ORDERED:
1. The Parties' Stipulated Motion for Remand (ECF No. 14) is GRANTED. This case is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings.
2. On remand, the case will be assigned to a new ALJ who will further develop the record as necessary; offer the claimant an opportunity for a new hearing; reassess the medical and nonmedical source opinions, prior administrative medical findings, and Plaintiff's symptom allegations; and proceed through the sequential evaluation, obtaining vocational expert evidence as necessary.
3. 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).
4. All pending motions, hearings and the remaining briefing schedule are vacated as moot.
The District Court Executive is hereby directed to file this Order, provide copies to counsel, enter JUDGMENT for Plaintiff, and CLOSE the file.