Opinion
CIVIL 6:22-CV-01012-MC
05-11-2023
NAOMI L. HUMPHREY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
NATALIE K. WIGHT United States Attorney KEVIN DANIELSON Executive Assistant U.S. Attorney MATHEW PILE Associate General Counsel SHANNON FISHEL Special Assistant U.S. Attorney Office of Program Litigation, Office 7 Office of the General Counsel Social Security Administration Attorneys for Defendant
NATALIE K. WIGHT United States Attorney KEVIN DANIELSON Executive Assistant U.S. Attorney MATHEW PILE Associate General Counsel SHANNON FISHEL Special Assistant U.S. Attorney Office of Program Litigation, Office 7 Office of the General Counsel Social Security Administration Attorneys for Defendant
ORDER OF REMAND
MICHAEL J. MCSHANE UNITED STATES DISTRICT JUDGE
Based on the stipulation of the parties, the Court hereby ORDERS that this case be remanded to the agency for further administrative proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g).
On remand, the Commissioner will offer Plaintiff the opportunity for a new hearing; further develop the record as necessary; consider all pertinent issues de novo, including, but not limited to, reconsidering Plaintiff's subjective statements, and reconsidering the medical opinions and prior administrative medical findings; and issue a new decision.
After judgment, Plaintiff may be entitled to reasonable attorney's fees and costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), upon proper request to this Court.
IT IS SO ORDERED