Opinion
3:24-cv-00421-MCR
09-23-2024
DERRICK ROBERT KRAMER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
MONTE C. RICHARDSON UNITED STATES MAGISTRATE JUDGE
THIS CAUSE is before the parties' Joint Motion for Remand. (Doc. 20.) Therein, the parties move this Court to remand the case pursuant to sentence four of 42 U.S.C. § 405(g). (Id. at 1.)
Upon consideration, it is ORDERED:
1. The Motion (Doc. 20) is GRANTED.
2. The decision of the Commissioner is REVERSED and REMANDED under sentence four of 42 U.S.C. § 405(g) for further administrative proceedings as follows:
On remand, the Commissioner will: (1) obtain supplemental vocational evidence; (2) take any action necessary to complete the administrative record; and (3) issue a new decision.
3. The Clerk of Court is DIRECTED to enter judgment consistent with this Order and with the decision in Shalala v. Schaefer, 509 U.S. 292, 296-302 (1993), and pursuant to Rule 58 of the Federal Rules of Civil Procedure. The judgment should state that if Plaintiff were to ultimately prevail in this case upon remand to the Social Security Administration, any motion for attorney's fees under 42 U.S.C. § 406(b) and/or 42 U.S.C. § 1383(d)(2) must be filed within fourteen (14) days from Plaintiff's counsel's receipt of any “close-out” letter. The motion must include the agency letter stating the amount of past-due benefits withheld, include any applicable contingency fee agreement, and establish the fee is reasonable for the services rendered. This Order does not extend the time limits for filing a motion for attorney's fees under the Equal Access to Justice Act, 28 U.S.C. § 2412.
4. The Clerk of Court is further DIRECTED to close the file.
DONE AND ORDERED
Copies to:
Counsel of Record