Opinion
CIVIL 6:21-CV-00465-MC
05-18-2022
STACEY FOUNTAIN, Plaintiff, v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION Defendant.
ORDER FOR REMAND
Michael J. McShane, United States District Judge
Based on the stipulation between the parties it is hereby ORDERED that this case be reversed and remanded for further administrative proceedings for the administrative law judge (ALJ) to issue a new decision. Upon remand, the Appeals Council will instruct the ALJ to further develop the record and:
• reevaluate Plaintiff's subjective complaints;
• reevaluate Plaintiff's maximum physical and mental residual functional capacity;
• proceed with the remaining steps of the sequential evaluation process and obtain vocational evidence and resolve any conflicts, as necessary; and
• offer Plaintiff the opportunity for a hearing and take any further action needed to complete the administrative record and issue a new decision.
This remand should be made pursuant to sentence four of 42 U.S.C. § 405(g). Plaintiff shall be entitled to reasonable attorney fees and costs, pursuant to 28 U.S.C. § 2412(d), upon proper request to this Court.
IT IS ORDERED.