Opinion
3:22-cv-00396-CLB
02-21-2023
WANDA M. OSBORNE, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
JARED T. WALKER Attorney for Plaintiff JASON M. FRIERSON United States Attorney SOHAYL VAFAI Special Assistant United States Attorney Attorneys for Defendant
JARED T. WALKER Attorney for Plaintiff
JASON M. FRIERSON United States Attorney
SOHAYL VAFAI Special Assistant United States Attorney Attorneys for Defendant
ORDER GRANTING STIPULATION TO VOLUNTARY REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND TO ENTRY OF JUDGMENT FOR PLAINTIFF
HON. CARLA BALDWIN UNTTED STATES MAGISTRATE JUDGE
IT IS HEREBY STIPULATED by and between the parties, through their undersigned attorneys, and with the approval of the Court, that the Commissioner of Social Security has agreed to a voluntary remand of this case pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings.
On remand, the Commissioner's Appeals Council will determine if a third hearing before an administrative law judge is necessary. In the event the Appeals Council determines to remand this case to an administrative law judge, the purpose of that third administrative hearing will be to properly evaluate the medical opinion evidence, re-assess Plaintiff's testimony as to the severity of her symptoms, update the medical treatment records as needed, and procure further testimony from a qualified vocational expert as reasonably necessary to re-determine if significant jobs exist in the national economy which Plaintiff can perform. The parties further request that the Clerk of the Court be directed to enter a final judgment in favor of Plaintiff, and against Defendant, reversing the final decision of the Commissioner.
Respectfully submitted, Respectfully submitted, IT IS SO ORDERED: