OGLETREE v. COMMISSIONER OF SOCIAL SECURITY

United States District Court for the Middle District of Georgia

OGLETREE v. COMMISSIONER OF SOCIAL SECURITY

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION

BRANDY LEIGH OGLETREE, : : Plaintiff, : : CASE NO.: 7: 21-CV-163 (WLS-TQL) v. : : KILOLO KIJAKAZI, Acting Commissioner : of Social Security, : : Defendant.

ORDER Before the Court is a “Consent Motion for Entry of Judgment Under Sentence Four of

42 U.S.C. § 405

(g) with Reversal and Remand of the Cause to the Defendant” filed on behalf of Defendant Kilolo Kijakazi, the Acting Commissioner of Social Security. (Doc. 8.) Counsel for the United States explains therein that the Plaintiff consents to the motion and remand. (Doc. 8.) The Government requests that this Court enter a judgment with reversal and remand of the case to allow for further evaluation by the Administrative Law Judge (“ALJ”). (Doc. 8- 1.) Pursuant to sentence four of section 405(g), this Court maintains the power “to enter, upon the pleadings and transcript of the record, judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for rehearing.”

42 U.S.C. § 405

(g); see also Shalala v. Schaefer,

509 U.S. 292

(1993). Accordingly, upon review of the consent of the Parties and case of record, the decision of the Commissioner is hereby REVERSED, and the case is REMANDED to the ALJ for further evaluation and proceedings. Specifically, the Court ORDERS that the ALJ must complete review of the case and complete the following: (1) further evaluate the medical opinion evidence, pursuant to

20 C.F.R. §§ 404

.1520c, 416.920c; (2) further evaluate Plaintiff’s maximum residual function capacity; (3) offer Plaintiff an opportunity for hearing; (4) take any

further action needed to complete the administrative record; and (5) issue a new decision on those findings. SO ORDERED, this 14th day of March 2022.

/s/ W. Louis Sands W. LOUIS SANDS, SR. JUDGE UNITED STATES DISTRICT COURT

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