Hager v. Commissioner of Social Security

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION BELINDA A. HAGER § PLAINTIFF § v. § Civil No.: 1:19cv25-HSO-RPM § KILOLO KIJAKAZI, § ACTING COMMISSIONER § COMMISSIONER OF § DEFENDANT SOCIAL SECURITY § ORDER GRANTING UNOPPOSED MOTION [24] TO REMAND AND REMANDING FINAL DECISION BEFORE THE COURT is the Unopposed Motion [24] to Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) filed by Defendant Kilolo Kijakazi, Acting Commissioner of Social Security. Mot. [24]. Pursuant to the power of this Court to enter a judgment affirming, modifying, or reversing the Acting Commissioner’s decision with remand in Social Security actions under sentence four of 42 U.S.C. § 405(g), and considering the Acting Commissioner’s request to remand this action for further administrative proceedings, and the Court being advised that counsel for Plaintiff does not oppose this request to remand, IT IS, THEREFORE, ORDERED AND ADJUDGED that, upon remand, the Appeals Council shall instruct the Administrative Law Judge (ALJ) to evaluate the nature and severity of the claimant’s impairments without deference to the prior ALJ’s decision; update the medical record; give further consideration to the severity of the claimant’s medically determined impairments; give further consideration to whether the claimant’s impairments meet or equal any of the listed impairments; re-evaluate the claimant’s residual functional capacity; and take any other action deemed necessary.

This Court hereby reverses the Acting Commissioner’s decision pursuant to sentence four of 42 U.S.C. § 405(g), and remands to the Acting Commissioner for further proceedings as set forth herein and in Acting Commissioner’s supporting Memorandum [24-1] filed herein. See Melkonyan v. Sullivan, 501 U.S. 89, 97-98 (1991).

IT IS, FURTHER, ORDERED AND ADJUDGED that, this civil action is DISMISSED.

SO ORDERED AND ADJUDGED, this the 10th day of August, 2021 s/ Halil Suleyman Ozerden HALIL SULEYMAN OZERDEN UNITED STATES DISTRICT JUDGE