Opinion
Civil Action 1:23-cv-00005
08-11-2023
MARION P. Plaintiff, v. KILOLO KIJAKAZI, ACTING COMMISSIONER OF SOCIAL SECURITY Defendant.
Kilolo Kijakazi, By Her Attorneys Carla B. Freedman, United States Attorney Geoffrey M. Peters Special Assistant United States Attorney NDNY Bar Roll No. 704027 Office of Program Litigation, Office 2 Office of the General Counsel Social Security Administration Arthur P. Anderson Anderson, Lamb, & Associates PC
Kilolo Kijakazi,
By Her Attorneys
Carla B. Freedman,
United States Attorney
Geoffrey M. Peters
Special Assistant United States Attorney
NDNY Bar Roll No. 704027
Office of Program Litigation, Office 2
Office of the General Counsel
Social Security Administration
Arthur P. Anderson
Anderson, Lamb, & Associates PC
HON. DANIEL J. STEWART, UNITED STATES MAGISTRATE JUDGE
PARTIES' STIPULATION FOR REMAND
HON. DAVID N. HURD, UNITED STATES DISTRICT JUDGE
The parties stipulate that the Acting Commissioner's final decision be reversed and that this action be remanded to the Acting Commissioner for further administrative proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g). Remand for further administrative proceedings is necessary because the Commissioner's final decision did not properly consider the claimant's residual functional capacity (“RFC”) or properly consider the medical opinion evidence under the regulations. On remand, the Acting Commissioner will offer Plaintiff the opportunity for a hearing, take further action to complete the administrative record, and issue a new decision. The parties consent to the entry of judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.
IT IS SO ORDERED: