Opinion
1:23-cv-03107-MKD
12-01-2023
THERESA V.,[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. 8, 13
MARY K. DIMKE, UNITED STATES DISTRICT JUDGE.
Before the Court is the parties' Stipulated Motion for Remand, ECF No. 13, 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 D. James Tree represents Plaintiff. Attorney Erin Highland represents Defendant.
After consideration, IT IS HEREBY ORDERED that:
1. The parties' Stipulated Motion for Remand, ECF No. 13, 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 and further develop the record;
• Reevaluate the medical opinion evidence;
• Reevaluate Plaintiff's symptom claims;
• Reevaluate Plaintiff's residual functional capacity;
• Continue through the sequential evaluation process, to include obtaining vocational evidence, if necessary; and
• Issue a new decision.See ECF No. 13 at 2.
3. Judgment shall be entered for PLAINTIFF.
4. Plaintiff's Opening Brief, ECF No. 8, 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.