Gumbert, Christina v. Saul, Andrew

District Court, W.D. Wisconsin

Gumbert, Christina v. Saul, Andrew

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN

CHRISTINA GUMBERT, Plaintiff, Case No. 3:20-CV-00533-JDP ANDREW M. SAUL, Commissioner of 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 parties’ joint motion to remand this action, this Court now, upon substantive review, hereby enters an order 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 Appeals Council will assign the case to an Administrative Law Judge (ALJ) who will offer the Plaintiff a new hearing where Plaintiff may testify and provide additional arguments and evidence. The ALJ will proceed through the sequential evaluation process for Social Security disability. If the evaluation reaches step four, the AL] will consider Plaintiff's symptoms and reevaluate her residual functional capacity.

If appropriate, the ALJ will obtain supplemental vocational expert testimony. On remand, the ALJ shall issue a de nove decision, SO ORDERED this day of _FEBRUATY 2021.

Hono e James D, Peterson United States District Judge

Reference

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