Opinion
2:23-cv-00317-RHW
12-22-2023
DAVID N.,[1] Plaintiff, v. KILOLO KIJAKAZI, ACTING 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 NO. 6
ROBERT H. WHALEY, SENIOR UNITED STATES DISTRICT JUDGE.
Before the Court is the parties' Stipulated Motion for Remand, ECF No. 6, 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 Christopher Dellert represents Plaintiff. Attorney Franco Becia represents Defendant.
After consideration, IT IS HEREBY ORDERED that:
1. The parties' Stipulated Motion for Remand, ECF No. 6, 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:
• Re-evaluate Plaintiff's subjective symptom complaints;
• Re-evaluate Plaintiff's residual functional capacity;
• Take any further action needed to complete the administrative record and sequential evaluation, including obtaining vocational evidence as necessary;
• Offer Plaintiff the opportunity for a new hearing; and
• Issue a new decision.See ECF No. 6 at 2.
3. Judgment shall be entered for PLAINTIFF.
4. 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.