Opinion
2:24-cv-00083-EFS
07-12-2024
TEDDY G.,[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 is 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. 9, 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 instruct the ALJ to: further consider and resolve the discrepancy between the job number estimates provided by the vocational expert and those provided by the claimant's representative; if warranted by the expanded record, obtain supplemental vocational expert to clarify the effect of the assessed limitations on the claimant's ability to perform other work in the national economy; and offer the claimant an opportunity for a new hearing, take any further action needed to complete the administrative record, and issue a new decision.
3. The Clerk's Office shall TERM the hearing and Plaintiff's brief, ECF No. 8, 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.