AYALA, JR. v. COMMISSIONER OF SOCIAL SECURITY
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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