Opinion
1:23-cv-3102-EFS
12-12-2023
JENNY B.,[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.
On December 8, 2023, the parties filed a Stipulated Motion for Remand. 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, upon proper request to the Court, Plaintiff is entitled to reasonable attorney fees and costs under the Equal Access to Justice Act, 28 U.S.C. § 2412(d).
Consistent with the parties' agreement, IT IS HEREBY ORDERED:
1. The parties' Stipulated Motion for Remand, ECF No. 14, 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:
• allow Plaintiff the opportunity to submit new evidence.
• give further consideration to the opinion evidence consistent with 20 C.F.R. §§ 404.1520c and 416.920c.
• further evaluate the residual functional capacity consistent with a reevaluation of the opinion evidence.
• take any necessary action to complete the administrative record and the sequential evaluation.
• issue a new decision for the period prior to January 1, 2023.
3. The Clerk's Office shall TERM the hearing and Plaintiff's brief, ECF No. 10, 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.