Opinion
1:23-CV-03087-ACE
11-09-2023
PAMELA L., Plaintiff, v. KILOLO KIJAKAZI, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER GRANTING STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g)
ECF No. 16
ALEXANDER C. EKSTROM, UNITED STATES MAGISTRATE JUDGE
BEFORE THE COURT is the parties' stipulated motion to remand the above-captioned matter to the Commissioner for additional administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). ECF No. 16. Attorney D. James Tree represents Plaintiff; Special Assistant United States Attorney Frederick Fripps represents Defendant. After considering the file and proposed order, IT IS ORDERED:
1. The parties' Stipulated Motion to Remand, ECF No. 16, is GRANTED. The above-captioned case is REVERSED and REMANDED to the Commissioner of Social Security for a de novo hearing and further administrative action pursuant to sentence four of 42 U.S.C. § 405(g).
On remand, the Commissioner shall instruct the Administrative Law Judge (ALJ) to: (1) reevaluate the listings at step three and give further consideration to the residual functional capacity finding; (2) take any necessary action to complete the administrative record and the sequential evaluation; and (3) issue a new decision. Plaintiff shall have the opportunity to submit new evidence.
2. Judgment shall be entered for PLAINTIFF.
3. Plaintiff's Opening Brief, ECF No. 12, is STRICKEN AS MOOT.
4. An application for attorney fees, expenses and costs may be filed by separate motion.
IT IS SO ORDERED. The District Court Executive is directed to enter this Order, forward copies to counsel, and CLOSE THE FILE.