Opinion
2:24-cv-00091-RHW
07-18-2024
DANNY S. O/B/O CHELSEA S.,[1] Plaintiff, v. MARTIN O'MALLEY, 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. 5, 10
ROBERT H. WHALEY SENIOR UNITED STATES DISTRICT JUDGE
Before the Court is the parties' Stipulated Motion for Remand, ECF No. 10, 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 Dustin Deissner represents Plaintiff. Attorney Benjamin Groebner represents Defendant.
After consideration, IT IS HEREBY ORDERED that:
1. The parties' Stipulated Motion for Remand, ECF No. 10, 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:
• Offer the Plaintiff the opportunity for a new hearing;
• Take further action to complete the administrative record;
• Reconsider the dependency period;
• Reconsider whether the claimant's stepmother provided one-half support for the claimant; and
• Issue a new decision.See ECF No. 10 at 2.
3. Judgment shall be entered for PLAINTIFF.
4. Plaintiff's Motion for Summary Judgment, ECF No. 5, 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.