Opinion
1:24-cv-3071-EFS
06-10-2024
SUMMER P.,[1] Plaintiff, v. MARTIN O'MALLEY, Commissioner of Social Security, Defendant.
ORDER GRANTING THE PARTIES' STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g)
EDWARD F. SHEA, Senior United States District Judge
The parties agree that the matter should be reversed and remanded to the Commissioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings. The parties also agree that Plaintiff may be entitled to reasonable attorney fees and costs under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), upon proper request to the Court.
Consistent with the parties' agreement, IT IS HEREBY ORDERED:
1. The parties' Stipulated Motion for Remand, ECF No. 5, is GRANTED.
2. This matter is REVERSED and REMANDED to the Commissioner of Social Security for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). On remand, the Appeals Council is to remand the case to an Administrative Law Judge for a hearing.
3. The Clerk's Office shall enter JUDGMENT in favor of Plaintiff and CLOSE the case.
IT IS SO ORDERED.
The Clerk's Office is directed to enter this Order and provide copies to all counsel.