Opinion
4:22-cv-5017-EFS
11-22-2022
JAMES P.,[1] Plaintiff, v. KILOLO KIJAKAZI, Acting 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 as set forth below.
Consistent with the parties' agreement, IT IS HEREBY ORDERED:
1. The parties' Stipulated Motion for Remand, ECF No. 12, is GRANTED.
2. Judgment shall be entered for Plaintiff.
3. 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:
• give further consideration to the opinion of Jennifer Melsness, O.D.,
• further consider Plaintiff's subjective allegations,
• take any further action needed to complete the administrative record, and
• issue a new decision.
4. All pending motions are DENIED AS MOOT.
5. All hearings and other deadlines are STRICKEN.
6. If filed, the Court will consider Plaintiff's motion for fees and expenses under the Equal Access to Justice Act.
7. The Clerk's Office is directed to CLOSE this file.
IT IS SO ORDERED. The Clerk's Office is directed to enter this order and provide copies to all counsel.