Kleba, Matthew v. Kijakazi, Kilolo

District Court, W.D. Wisconsin

Kleba, Matthew v. Kijakazi, Kilolo

Trial Court Opinion

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

MATTHEW T. KLEBA,

Plaintiff,

v. Case No. 3:23-CV-00198-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 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, an Administrative Law Judge (ALJ) will offer Plaintiff the opportunity for a new hearing; proceed through the sequential disability evaluation process as appropriate; obtain supplemental vocational expert testimony if warranted; and issue a new decision.

SO ORDERED this 30 day of August, 2023.

/s/ James D. Peterson Chief United States District Judge

Reference

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