Opinion
1:22-CV-03066-SAB
08-08-2022
CHRISTIE MARIE F.[1], Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER GRANTING STIPULATED MOTION FOR REMAND
STANLEY A. BASTIAN, CHIEF UNITED STATES DISTRICT JUDGE
Before the Court is the parties' Stipulated Motion for Remand, ECF No. 121. Plaintiff is represented by D. James Tree and Defendant is represented by Edmund (Jack) Darcher and Brian Donovan. The parties stipulate that the abovecaptioned case be reversed and remanded for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g).
Accordingly, IT IS HEREBY ORDERED:
1. The parties' Stipulated Motion for Remand, ECF No. 6, is GRANTED.
2. The decision denying benefits is REVERSED and REMANDED for further administrative proceedings. On remand, the Commissioner will instruct the
administrative law judge (ALJ) to offer Plaintiff the opportunity for a new hearing, take any action needed to complete the administrative record, and issue a new decision. The ALJ will reconsider Plaintiff's symptom allegations. The ALJ will reconsider the opinion evidence. As warranted, the ALJ will reconsider Plaintiff's residual functional capacity.
3. This remand is made pursuant to sentence four of 42 U.S.C. § 405(g) and Plaintiff is entitled to reasonable attorney fees and costs, pursuant to 28 U.S.C. § 2412(d), upon proper request to this Court.
4. The District Court Executive is directed to enter judgment in favor of Plaintiff and against Defendant.
IT IS SO ORDERED. The District Court Executive is hereby directed to file this Order, provide copies to counsel, enter judgment, and close this file.