Peterson, Colin v. O'Malley, Martin

District Court, W.D. Wisconsin

Peterson, Colin v. O'Malley, Martin

Trial Court Opinion

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

COLIN PETERSON, Plaintiff, v. Case No. 3:23-CV-00861-JDP MARTIN O’MALLEY, 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 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 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, the Appeals Council will instruct the Administrative Law Judge to further consider the opinion evidence and the subjective symptom allegations; to offer the opportunity for a new hearing; to take any further action needed to complete the administrative record; and to issue a new decision. Dated this yet day of a Wt , Zor .

JA D. PETERSON Chief United States District Judge

Reference

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