Opinion
6:23-cv-2327-LHP
04-29-2024
EVELYN RIVERA RODRIGUEZ, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant
ORDER
LESLIE HOFFMAN PRICE, UNITED STATES MAGISTRATE JUDGE
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: UNOPPOSED MOTION FOR ENTRY OF JUDGMENT WITH REMAND (Doc. No. 13)
FILED: April 29, 2024
THEREON it is ORDERED that the motion is GRANTED.
The Commissioner of Social Security moves to remand this case pursuant to sentence four of 42 U.S.C. § 405(g), so that the following may occur:
On remand, the agency will reassign the case to a different Administrative Law Judge; clarify whether Plaintiff's prior decision was reopened; give consideration to the opinion of Suniti Barua, Ph.D.,
and the prior administrative medical findings from Dawn Jackson, Psy.D., and Frank Walker, M.D.; reevaluate Plaintiff's maximum residual functional capacity; obtain supplemental evidence from a vocational expert to clarify the effects of the assessed limitations on the occupational base; take further action to complete the administrative record; and issue a new decision.Doc. No. 13. Plaintiff does not object to the motion. Id. at 2.
Upon consideration, the Court finds the request well taken. See 42 U.S.C. § 405(g). Accordingly, it is ORDERED that:
1. The Commissioner's Unopposed Motion for Entry of Judgment with Remand (Doc. No. 13) is GRANTED.
2. The final decision of the Commissioner is REVERSED and REMANDED for further administrative proceedings pursuant to sentence four of § 405(g), for the above-stated reasons.
3. The Clerk of Court is directed to ENTER judgment in favor of Plaintiff and against the Commissioner, and thereafter CLOSE this case.
DONE and ORDERED.