Dodge, Martin v. Commissioner of Social Security

District Court, W.D. Wisconsin

Dodge, Martin v. Commissioner of Social Security

Trial Court Opinion

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

MARTIN DODGE, Plaintiff, v. Case No, 3:22-cv-00697-jdp KILOLO KIJAKAZI, Acting 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 power of this Court to enter a judgment affirming, modifying or reversing the Acting 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 review, hereby enters a judgment under sentence four of

42 U.S.C. § 405

(g) reversing the Acting Commissioner’s decision with a remand of the cause to the Commissioner according to the following terms. See Shalala v. Schaefer, 509 US. 292, 296 (1993); Melkonyan v. Sullivan,

501 U.S. 89, 97-98

(1991). Upon remand from the court, the Appeals Council will order the ALJ to reevaluate the evidence; reassess the RFC; and obtain vocational expert evidence to assess whether there are jobs in significant numbers in the national economy that the

claimant could still do. The ALJ will also offer the claimant the opportunity for a new hearing, and issue a new decision. Tit SO ORDERED this /7 | "day of MAtCH2023, BY THE COURT:

HONORABLE JAMES D, PETERSON United States District Judge

Reference

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