GREEN v. SAUL

District Court, E.D. Pennsylvania

GREEN v. SAUL

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CRYSTAL ANGELA GREEN, : CIVIL ACTION Plaintiff : v. : : ANDREW SAUL, : Commissioner of the Social : Security Administration, : Defendant : NO. 20-711

MEMORANDUM

CAROL SANDRA MOORE WELLS UNITED STATES MAGISTRATE JUDGE June 8, 2020

Crystal Angela Green (“Plaintiff”) seeks judicial review, pursuant to

42 U.S.C. § 405

(g), of the final decision of the Commissioner of the Social Security Administration (“the Commissioner”). The Commissioner file his answer, together with the administrative record, on June 2, 2020. Two days later, the Commissioner filed a motion to remand the case; he concedes that the administrative law judge (“ALJ”) erred and this case must be remanded so that the ALJ can properly include Plaintiff’s mental impairments, particularly her limitations in interacting with others, within the assessment of Plaintiff’s residual functional capacity. Def.’s Uncontested Mot. to Remand at 1. The Commissioner represents that Plaintiff, through his attorney, consents to the Commissioner’s request.

Id.

Inasmuch as the Commissioner has acknowledged that the ALJ committed a reversible error when evaluating Plaintiff’s disability claim, this court is able to order the requested remand, pursuant to sentence four of

42 U.S.C. § 405

(g). See Melkonyan v. Sullivan,

501 U.S. 89, 98

(1991). Additionally, since both parties agree to it, this court will order a remand. An implementing Order follows.

Reference

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