Opinion
6:21-cv-00648-TJM-ML
04-05-2022
Thomas Welfel, Plaintiff, v. Kilolo Kijakazi, Acting Commissioner of the Social Security Administration Defendant.
Kilolo Kijakazi, By Her Attorneys Carla B. Freedman, United States Attorney Luis Pere Special Assistant United States Attorney N.D.N.Y. Bar Roll No. 701031 Social Security Administration, OGC Thomas Welfel, By His Attorney Peter W. Antonowicz Office of Peter W. Antonowicz
Kilolo Kijakazi, By Her Attorneys Carla B. Freedman, United States Attorney Luis Pere Special Assistant United States Attorney N.D.N.Y. Bar Roll No. 701031 Social Security Administration, OGC
Thomas Welfel, By His Attorney Peter W. Antonowicz Office of Peter W. Antonowicz
Signed by Luis Pere with Mr. Antonowicz's permission.
Miroslav Lovric U.S. Magistrate Judge
PARTIES' STIPULATION FOR REMAND
Thomas J. McAvoy Senior Judge
The parties stipulate that defendant's final decision be reversed and that this action be remanded for further administrative proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g). On remand, the Appeals Council will direct the ALJ to reevaluate the opinion evidence and reassess plaintiff's residual functional capacity; if necessary, obtain supplemental vocational expert testimony to further evaluate whether plaintiff can perform other work in the national economy through the date last insured; offer plaintiff the opportunity for a hearing; take further action to complete the administrative record; and issue a new decision.
The parties consent to the entry of judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.
Order
This matter is before the Court on the parties' stipulation to remand of this case for further administrative proceedings, pursuant to the fourth sentence of 42 U.S.C. § 405(g).
It is hereby ORDERED that this case should be remanded for further administrative proceedings under 42 U.S.C. § 405(g).