Opinion
1:24-cv-3049-EFS
06-04-2024
DEVON P.,[1] Plaintiff, v. MARTIN O'MALLEY, Commissioner of Social Security, Defendant.
ORDER GRANTING THE PARTIES' STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g)
EDWARD F. SHEA SENIOR UNITED STATES DISTRICT JUDGE
The parties agree that the matter should be reversed and remanded to the Commissioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings. The parties also agree that Plaintiff is entitled to reasonable attorney fees and costs under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), upon proper request to the Court.
Consistent with the parties' agreement, IT IS HEREBY ORDERED:
1. The parties' Stipulated Motion for Remand, ECF No. 8, is GRANTED.
• This matter is REVERSED and REMANDED to the Commissioner of Social Security for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). On remand, the Appeals Council is to instruct the ALJ to: take any necessary action to complete the administrative record; offer Plaintiff a new hearing; reevaluate the five-step sequential evaluation process: reevaluate the ALJ's step 5 finding, including obtaining vocational expert (VE) evidence as necessary while resolving any inconsistencies between the VE testimony, the Dictionary of Occupational Titles, and the residual functional capacity; and issue a new decision.
2. The Clerk's Office shall TERM the hearing and the parties' briefs, enter JUDGMENT in favor of Plaintiff, and CLOSE the case.
IT IS SO ORDERED. The Clerk's Office is directed to enter this Order and provide copies to all counsel.