Opinion
1:21-cv-0158 JLT
11-04-2021
NICOLAS MAYORGA, Plaintiff, v. KILOLO KIJAKAZI[1] Acting Commissioner of Social Security, Defendant.
ORDER REMANDING THE MATTER PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g)
ORDER DIRECTING ENTRY OF JUDGMENT IN FAVOR OF PLAINTIFF NICOLAS MAYORGA AND AGAINST DEFENDANT KILOLO KIJAKAZI, ACTING COMMISSIONER OF SOCIAL SECURITY
JENNIFER L. THURSTON, CHIEF UNITED STATES MAGISTRATE JUDGE
On November 3, 2021, Nicolas Mayorga and Kilolo Kijakazi, Acting Commissioner of Social Security, stipulated to a voluntary remand for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). (Doc. 17 at 1-2.) Pursuant to the terms of the stipulation, an ALJ shall “re-evaluate the evidence of record”- including offering an opportunity for a hearing and taking action necessary to complete the administrative record-and issue a new decision. (Id. at 2.) The parties also stipulated that judgment shall be entered in favor of Plaintiff and against the Commissioner. (Id.)
Based upon the terms of the stipulation, the Court ORDERS:
1. The matter is REMANDED for further administrative proceedings under sentence four of 42 U.S.C. § 405(g);
2. Plaintiff's motion for summary judgment (Doc. 16) is terminated as MOOT; and
3. The Clerk of Court is DIRECTED to enter judgment in favor of Plaintiff Nicolas
Mayorga and against Defendant Kilolo Kijakazi, the Acting Commissioner of Social Security.
IT IS SO ORDERED.