Opinion
6:22-cv-846-JRK
12-16-2022
BRYAN ALAN KROPP, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
The parties consented to the exercise of jurisdiction by a United States Magistrate Judge. See Notice, Consent, and Reference of a Civil Action to a Magistrate Judge (Doc. No. 20), filed August 25, 2022; Reference Order (Doc. No. 23), entered September 1, 2022.
JAMES R. KLINDT UNITED STATES MAGISTRATE JUDGE
This cause is before the Court on Defendant's Unopposed Motion for Entry of Judgment with Remand (Doc. No. 29; “Motion”), filed December 13, 2022, that seeks to have this matter reversed and remanded to the Social Security Administration for further administrative proceedings. Motion at 1-2. Plaintiff has no objection to the Motion, see id. at 1, and such a disposition is clearly within the Court's authority, see Shalala v. Schaefer, 509 U.S. 292 (1993). Accordingly, it is
ORDERED:
1. Defendant's Unopposed Motion for Entry of Judgment with Remand (Doc. No. 29) is GRANTED.
2. The Clerk of Court is directed to enter judgment REVERSING AND REMANDING this case pursuant to sentence four of 42 U.S.C. § 405(g) with the following instructions:
On remand, the Commissioner will: (1) fully consolidate the claim files and create one certified electronic record, with a complete and accurate exhibit list; (2) proceed through the sequential evaluation process; (3) consider whether medical improvement has occurred; (4) offer Plaintiff an opportunity for a new hearing; and (5) issue a new decision.
3. The Clerk is further directed to close the file.
DONE AND ORDERED