Shields, Roy v. Kijakazi, Kilolo

District Court, W.D. Wisconsin

Shields, Roy v. Kijakazi, Kilolo

Trial Court Opinion

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

ROY SHIELDS, Plaintiff, v. 3:23-cv-00031-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 U.S. 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; grant Plaintiff a new hearing; if warranted, obtain vocational expert evidence to assess whether there are jobs in significant

numbers in the national economy that Plaintiff could still do; and issue a new decision. SO ORDERED this / 7 day of jwe 2023. BY THE COURT: Gro- Prt H RABLE JAMES D. PETERSON United States District Judge

Reference

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