Opinion
5:23-cv-00243-MTT-CHW
01-04-2024
R.H.F., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Social Security Appeal
ORDER
MARC T. TREADWELL, CHIEF JUDGE UNITED STATES DISTRICT COURT
The Commissioner of Social Security has moved, under sentence four of 42 U.S.C. § 405(g),for entry of judgment to remand the case for further administrative action. (Doc. 7). In light of that request, to which the Plaintiff lodged no opposition, the Court hereby REVERSES and REMANDS the Commissioner's decision under sentence four of 42 U.S.C. § 405(g). See Shalala v. Schafer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991). On remand, the Commissioner, through the ALJ, will (1) further evaluate Plaintiff's shoulder impairment at step two; (2) further consider whether Plaintiff has an impairment, or combination of impairments, that meets or medically equals the severity of a listed impairment; (3) further evaluate the prior administrative medical findings; (4) further evaluate Plaintiff's subjective complaints; (5) further evaluate Plaintiff's maximum residual functional capacity; (6) offer Plaintiff the opportunity for a hearing; (7) take further action to complete the administrative record; and (8) issue a new decision. The Clerk of Court will enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.
Sentence four of § 405(g) provides: “The court shall have power to enter, upon the pleadings, and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with our without remanding the cause for a rehearing.” 42 U.S.C. § 405(g).
SO ORDERED.