Filed: Jan. 25, 2018
Latest Update: Jan. 25, 2018
Summary: ORDER GRANTING STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g) AND CLOSING FILE ECF Nos. 12, 16 MARY K. DIMKE , Magistrate Judge . BEFORE THE COURT is the parties' Stipulated Motion for Remand (ECF No. 16) of the above-captioned matter to the Commissioner for additional administrative proceeding pursuant to sentence four of 42 U.S.C. 405(g). Attorney Gary Penar represents Plaintiff. Attorney Leisa Wolf represents Defendant. The parties have consented to procee
Summary: ORDER GRANTING STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g) AND CLOSING FILE ECF Nos. 12, 16 MARY K. DIMKE , Magistrate Judge . BEFORE THE COURT is the parties' Stipulated Motion for Remand (ECF No. 16) of the above-captioned matter to the Commissioner for additional administrative proceeding pursuant to sentence four of 42 U.S.C. 405(g). Attorney Gary Penar represents Plaintiff. Attorney Leisa Wolf represents Defendant. The parties have consented to proceed..
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ORDER GRANTING STIPULATED MOTION FOR REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) AND CLOSING FILE ECF Nos. 12, 16
MARY K. DIMKE, Magistrate Judge.
BEFORE THE COURT is the parties' Stipulated Motion for Remand (ECF No. 16) of the above-captioned matter to the Commissioner for additional administrative proceeding pursuant to sentence four of 42 U.S.C. § 405(g). Attorney Gary Penar represents Plaintiff. Attorney Leisa Wolf represents Defendant. The parties have consented to proceed before a magistrate judge. ECF No. 4. After considering the file and proposed order, IT IS HEREBY ORDERED:
1. The parties' Stipulated Motion for Remand (ECF No. 16) is GRANTED.
2. The above-captioned case is 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 agree on and the Court ORDERS the following terms:
On remand, the Appeals Council will direct the administrative law judge (ALJ) to offer Plaintiff an opportunity for a new hearing, further develop the record and update the medical records, and issue a new decision. Upon remand, the ALJ shall also:
• Reevaluate the medical evidence of record;
• Reconsider the Veterans Administration determinations of disability;
• Obtain evidence from a medical expert or additional consultative examination, if warranted;
• Reevaluate Plaintiff's subjective complaints1; and
• Reassess the remaining steps of the sequential evaluation process with the assistance of vocational expert evidence with the assistance of vocational expert, if necessary.
3. Judgment shall be entered for PLAINTIFF.
4. Plaintiff's Motion for Summary Judgment (ECF No. 12) 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.
