Opinion
2:20-cv-02082-JDP
12-21-2021
JEFFREY J. GIORDANO, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security Defendant.
Robert C. Weems Weems Law Offices Attorney for Plaintiff. PHILLIP A. TALBERT, DEBORAH LEE STACHEL Acting Regional Chief Counsel, Region IX Social Security Administration, MARGARET LEHRKIND Attorneys for Defendant.
Robert C. Weems Weems Law Offices Attorney for Plaintiff.
PHILLIP A. TALBERT, DEBORAH LEE STACHEL Acting Regional Chief Counsel, Region IX Social Security Administration, MARGARET LEHRKIND Attorneys for Defendant.
STIPULATION AND ORDER FOR VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(G) ECF NO. 18
JEREMY D. PETERSON, UNITED STATES MAGISTRATE JUDGE.
IT IS HEREBY STIPULATED, by and between the parties, through their undersigned attorneys, and with the approval of the Court, that the Acting Commissioner of Social Security has agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g).
On remand, the Appeals Council will remand the case to an administrative law judge (ALJ) for a new hearing and new decision. The Appeals Council will instruct the ALJ to consider the opinion evidence and prior administrative findings under the proper regulations. The Appeals Council will offer Plaintiff the opportunity for a hearing and instruct the ALJ to take further action, as warranted, to complete the administrative record and resolve the above issue.
ORDER
Based on the parties' Stipulation to Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) and to Entry of Judgment (“Stipulation to Remand”), ECF No. 18, and for cause shown, the above-captioned action is remanded to the Commissioner of Social Security for further proceedings consistent with the terms of the Stipulation to Remand. The Clerk of Court is directed to enter judgment in favor of plaintiff and against defendant, and to close this case.
IT IS SO ORDERED.