District Court, W.D. Wisconsin, 2020

Bennett, Tina v. Saul, Andrew

Bennett, Tina v. Saul, Andrew
District Court, W.D. Wisconsin · Decided May 4, 2020
Bennett, Tina v. Saul, Andrew

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN TINA M. BENNETT, Plaintiff, Vv.

Case No. 3:19-cv-987 ANDREW SAUL, □ Commissioner of Judge Petergén Social Security, Defendant.

ORDER ON THE PARTIES’ JOINT MOTION FOR REMAND FOR FURTHER PROCEEDINGS PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) 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 section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), and in light of the parties’ joint motion to remand this action, this Court now, upon substantive review, hereby enters a judgment under sentence four of 42 U.S.C. § 405(g) reversing the Commissioner’s decision with a remand of the cause to the Commissioner according to the following terms. See Shalala v. Schaefer, 509 U.S. 292, 296 (1993); Melkonyan v. Sullivan, 501 U.S. 89, 97-98 (1991).

On remand, the ALJ will reengage in the five step sequential process and, if consulting a vocational expert is necessary, ensure that a hypothetical to the vocational expert matches the limitations described in the residual functional capacity. The ALJ will take further action to complete the administrative record resolving the above issues, the AL] will offer claimant the opportunity for a new hearing, and the ALJ will issue a new decision.

SO ORDERED this ( U7 aay of OY , 2020.

PK 0. Qtna— Honorable James D. Peterson United States District Judge

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