Lezama v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO

ELIZABETH LEZAMA,

Plaintiff, vs.

Civil No. 2:21-cv-00381-SMV

KILOLO KIJAKAZI,

Acting Commissioner of Social Security,

Defendant.

ORDER GRANTING DEFENDANT’S MOTION TO REVERSE AND REMAND

PURSUANT TO SENTENCE FOUR

Defendant, the Acting Commissioner of Social Security (Commissioner), has filed an unopposed motion with this Court (ECF No. 28), pursuant to 42 U.S.C. § 405(g), to enter a judgment with an order of reversal with remand of the case to the Commissioner for further administrative proceedings. Pursuant to the power of this Court to enter a judgment affirming, modifying, or reversing the Commissioner’s decision with remand in Social Security actions under sentence four of 42 U.S.C. § 405(g), and in light of the Commissioner’s request for remand of this action for further proceedings, this Court hereby REVERSES the Commissioner’s decision under sentence four of 42 U.S.C. § 405(g) with a REMAND to the Commissioner for further administrative proceedings.1 See Shalala v. Schaefer, 509 U.S. 292 (1993).

1 The clerk of the Court will enter a separate judgment pursuant to the Federal Rules of Civil Procedure, Rule 58.

Done this 16th day of May 2022.

YUP

STEPHAN M. VIDMAR

United States Magistrate Judge SUBMITTED AND APPROVED BY:

Electronically submitted 5/16/22

SARAH VAN ARSDALE BERRY

Special Assistant United States Attorney

Electronically approved 5/16/22

AMBER L. DENGLER

Attorney for Plaintiff