Opinion
1:23-CV-03164-ACE
12-18-2023
JOSHUA P., Plaintiff, v. KILOLO KIJAKAZI, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER GRANTING STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(G) ECF NO. 7
ALEXANDER C. EKSTROM UNITED UNITED STATES MAGISTRATE JUDGE
BEFORE THE COURT is the parties' stipulated motion to remand the above-captioned matter to the Commissioner for additional administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). ECF No. 7. Attorney D. James Tree represents Plaintiff; Special Assistant United States Attorney L. Jamala Edwards represents Defendant. After considering the file and proposed order, IT IS ORDERED:
1. The parties' Stipulated Motion for Remand, ECF No. 7, is GRANTED. The above-captioned case is REVERSED and REMANDED to the Commissioner of Social Security for further administrative action pursuant to sentence four of 42 U.S.C. § 405(g). On remand, the Appeals Council shall instruct the Administrative Law Judge to: (1) offer Plaintiff the opportunity for a new hearing; (2) reevaluate the evidence of record; and (3) issue a new decision.
2. Judgment shall be entered for PLAINTIFF.
3. An application for attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412, may be filed by separate motion.
IT IS SO ORDERED. The District Court Executive is directed to enter this Order, forward copies to counsel, and CLOSE THE FILE.