Opinion
20-cv-1050
08-09-2021
NICOLE HOVERMAN, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.[1]
ORDER ON THE PARTIES' JOINT MOTION FOR REMAND FOR FURTHER PROCEEDINGS PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(G)
HONORABLE JAMES D. PETERSON United States District Judge
Pursuant to the power of this Court to enter a judgment affirming, modifying or reversing the Acting Commissioner's decision with remand in Social Security actions under sentence four of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), and in light of the parties' 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 die Acting Commissioner's decision with a remand of the cause to the Acting 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).
On remand, the Appeals Council will remand the matter to an administrative law judge (ALJ) with instructions to offer Plaintiff the opportunity for a new hearing, proceed through the sequential disability evaluation process as appropriate, reevaluate Plaintiff's residual functional capacity, and issue a new decision. If warranted, the ALJ will obtain supplemental vocational expert testimony.
SO ORDERED.