AYALA, JR. v. COMMISSIONER OF SOCIAL SECURITY

District Court, E.D. Pennsylvania

AYALA, JR. v. COMMISSIONER OF SOCIAL SECURITY

Trial Court Opinion

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

WILSON K. AYALA, JR., : CIVIL ACTION Plaintiff : v. : : KILOLO KIJAKAZI, : Acting Commissioner of the Social : Security Administration, : Defendant : NO. 20-4926

MEMORANDUM

CAROL SANDRA MOORE WELLS UNITED STATES MAGISTRATE JUDGE August 4, 2021

Wilson K. Ayala (“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 filed her answer, together with the administrative record, on March 18, 2021. On August 2, 2021, she filed a motion to remand the case on grounds that the administrative law judge (“ALJ”) erred and did not properly consider Plaintiff’s impairments. Def.’s Uncontested Mot. to Remand at 1. The Commissioner further represents that Plaintiff, through his attorney, consents to the remand request.

Id. at 2

. Inasmuch as the Commissioner has acknowledged that the ALJ committed reversible error when evaluating Plaintiff’s disability claim, this Court, pursuant to sentence four of

42 U.S.C. § 405

(g), will order the requested remand. See Melkonyan v. Sullivan,

501 U.S. 89, 98

(1991). An implementing Order follows.

Reference

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