Opinion
21cv1392-BLM
12-06-2022
KACY NICHOLE MUSTAIN, Plaintiff, v. KILOLO KIJAKAZI, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER GRANTING JOINT MOTION TO VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g)
[ECF NO. 19]
Hon. Barbara L. Major, United States Magistrate Judge
On August 3, 2021, Plaintiff filed a complaint in this matter seeking judicial review of the denial of her application “for a period of disability, disability insurance benefits, and supplemental security income benefits.” ECF No. 1.
On December 5, 2022, the parties filed a Joint Motion for Voluntary Remand. ECF No. 19. The parties seek to have the matter remanded to the Social Security Administration pursuant to sentence four of 42 U.S.C. § 405(g) “to offer Plaintiff a new decision.” Id. at 2. In support, the parties state that “[o]n remand, the Commissioner will further develop the record as necessary, and issue a new decision.” Id.
Based upon the parties' Joint Motion to Voluntary Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g), and for cause shown, IT IS ORDERED that the above-captioned action be remanded to the Commissioner of Social Security for further proceedings consistent with the terms of the Motion to Remand. The Court DIRECTS the Clerk of Court to enter judgment in favor of Plaintiff and against Defendant, reversing the final decision of the Commissioner, and to terminate this action in its entirety.
IT IS SO ORDERED.