Opinion
4:23-cv-05080-MKD
12-05-2023
REVA G., [1] 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) AND CLOSING FILE ECF Nos. 14, 22
MARY K. DIMKE UNITED STATES DISTRICT JUDGE
Before the Court is the parties' Stipulated Motion for Remand, ECF No. 222, requesting remand of the above-captioned matter to the Commissioner for additional administrative proceeding pursuant to sentence four of 42 U.S.C. § 405(g). Attorney Cory Brandt represents Plaintiff. Attorney Jacob Phillips represents Defendant.
After consideration, IT IS HEREBY ORDERED that:
1. The parties' Stipulated Motion for Remand, ECF No. 22, is GRANTED.
2. The above-captioned case be REVERSED and REMANDED to the Commissioner of Social Security for further administrative proceeding pursuant to sentence four of 42 U.S.C. § 405(g).
The parties have stipulated to the following:
On remand, the Appeals Council will instruct the ALJ to:
• Offer Plaintiff the opportunity for a new hearing;
• Reevaluate the opinion evidence, including the supportability and consistency of the opinion of Lori Williams, LMHC;
• Reevaluate Plaintiff's residual functional capacity;
• Proceed with the sequential evaluation; and
• Issue a new decision.See ECF No. 22 at 1-2.
3. Judgment shall be entered for PLAINTIFF.
4. Plaintiff's Opening Brief, ECF No. 14, is STRICKEN AS MOOT.
5. Upon proper presentation, this Court will consider Plaintiff's application for fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412(d).
The District Court Executive is directed to enter this Order, enter Judgment, forward copies to counsel, and CLOSE THE FILE.