Opinion
1:24-cv-03096-EFS
11-14-2024
ISRAEL B.,[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 to Remand, ECF No. 12, is GRANTED.
2. 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 other action necessary to complete the administrative record; offer the claimant an opportunity for a hearing; further evaluate the prior administrative medical findings; further evaluate the residual functional capacity; obtain supplemental vocational expert evidence, if warranted; and issue a new decision.
3. The Clerk's Office shall TERM the hearing and Plaintiff's brief, ECF No. 8, 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.