Opinion
1:21-CV-254-DCP
07-01-2022
PATRICIA RENEE DAVENPORT, Plaintiff, v. KILOLO KIJAKAZI,[1] Acting Commissioner of Social Security, Defendant.
ORDER OF REMAND UNDER SENTENCE FOUR OF 42 U.S.C. § 405(G)
Debra C. Poplin United States Magistrate Judge
Before the Court are the parties' Joint Motion for Entry of Judgment Under Sentence Four, 42 U.S.C. § 405(g) [Doc. 25] and Plaintiff's Motion for Summary Judgment [Doc. 22]. For the reasons stated herein, the Court will GRANT the parties' Joint Motion for Entry of Judgment Under Sentence Four, 42 U.S.C. § 405(g) [Doc. 25] and DENY as MOOT Plaintiff's Motion for Summary Judgment [Doc. 22].
Pursuant to the power of this Court to enter a judgment affirming, modifying, or reversing the Commissioner's decision with remand in Social Security actions under sentence four of 42 U.S.C. § 405(g), and in light of the joint motion to remand this action, this Court now, upon substantive review, hereby enters a judgment under sentence four of 42 U.S.C. § 405(g), reversing the Commissioner's decision with a remand of the cause to the Commissioner according to the following terms. See Shalala v. Schaefer, 509 U.S. 292, 296 (1993); Melkonyan v. Sullivan, 501 U.S. 89, 97-98 (1991).
The Court finds remand is warranted for further evaluation of Plaintiff's impairments and the medical opinion evidence. On remand, the agency will re-evaluate Plaintiff's limitations and the medical opinion evidence. In doing so, the agency will offer Plaintiff a new hearing; update the record; re-evaluate Plaintiff's limitations, the medical opinions, and prior administrative medical findings; and issue a new decision.
Accordingly, the parties' Joint Motion for Entry of Judgment Under Sentence Four, 42 U.S.C. § 405(g) [Doc. 25] is hereby GRANTED, and Plaintiff's Motion for Summary Judgment [Doc. 22] is hereby DENIED as MOOT. A separate judgment will enter.
IT IS SO ORDERED.