Filed: Jul. 13, 2012
Latest Update: Jul. 13, 2012
Summary: ORDER GRANTING STIPULATED MOTION FOR REMAND JAMES P. HUTTON, Magistrate Judge. BEFORE THE COURT is the parties' stipulated motion to remand this case to the Commissioner for further administrative proceedings, ECF No. 21. Thomas A. Bothwell represents plaintiff. Special Assistant United States Attorney M. Thayne Warner represents defendant. The parties have consented to proceed before a magistrate judge, ECF No. 7. After considering the stipulated motion, ECF No. 21, IT IS ORDERED that th
Summary: ORDER GRANTING STIPULATED MOTION FOR REMAND JAMES P. HUTTON, Magistrate Judge. BEFORE THE COURT is the parties' stipulated motion to remand this case to the Commissioner for further administrative proceedings, ECF No. 21. Thomas A. Bothwell represents plaintiff. Special Assistant United States Attorney M. Thayne Warner represents defendant. The parties have consented to proceed before a magistrate judge, ECF No. 7. After considering the stipulated motion, ECF No. 21, IT IS ORDERED that the..
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ORDER GRANTING STIPULATED MOTION FOR REMAND
JAMES P. HUTTON, Magistrate Judge.
BEFORE THE COURT is the parties' stipulated motion to remand this case to the Commissioner for further administrative proceedings, ECF No. 21. Thomas A. Bothwell represents plaintiff. Special Assistant United States Attorney M. Thayne Warner represents defendant. The parties have consented to proceed before a magistrate judge, ECF No. 7.
After considering the stipulated motion, ECF No. 21, IT IS ORDERED that the motion is GRANTED. The case is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings, including:
1. Upon remand from the Appeals Council, the Commissioner is directed to assign this case to an administrative law judge (ALJ) to offer the claimant the opportunity for a supplemental hearing.
2. The ALJ will take any further action needed to complete the administrative record.
3. The ALJ will issue a new decision on the issue of disability based on the record as a whole, including the claimant's testimony and other evidence presented at the supplemental hearing.
Because this remand is pursuant to sentence four with a remand to the Commissioner for further proceedings (see Melkonyan v. Sullivan, 501 U.S. 89 (1991)), plaintiff is entitled to reasonable attorney's fees and costs pursuant to 28 U.S.C. § 2412 (a), (d), upon proper request to this Court.
IT IS FURTHER ORDERED:
1. The parties' stipulated motion for an order of remand pursuant to sentence four, ECF No. 21, is GRANTED.
2. Judgment shall be entered for PLAINTIFF.
3. An application for attorney fees and costs may be filed by separate motion.
4. The District Court Executive is directed to enter this Order, enter judgment, forward copies to counsel, and CLOSE the file.
IT IS SO ORDERED.