Malone v. Colvin

Filing 35

ORDER granting 34 Unopposed Motion to Remand to the Social Security Administration. The Commissioners decision denying Plaintiff's claim for disability benefits is hereby REVERSED and this Social Security appeal is REMANDED, pursuant to sent ence four of 42 U.S.C. § 405(g), for further administrative proceedings as set forth herein. See Shalala v. Schaefer, 509 U.S. 292 (1993). On remand, an ALJ must (1) provide the substitute party an opportunity for a hearing; (2) determine whet her the claimant's impairments met or equaled the criteria of listings 1.02A and 1.03, providing sufficient rationale in support of the step three finding; and (3) further evaluate the claimant's mental impairments and reassess the claim ant's residual functional capacity. IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to enter judgment in accordance with Rule 58, Fed.R.Civ.P., and the parties' briefing schedule is hereby vacated. (See document for full details). Signed by Magistrate Judge Lawrence O Anderson on 3/25/14. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Theresa Malone, on behalf of Daniel)
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McGettigan, deceased,
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Plaintiff,
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vs.
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Carolyn W. Colvin, Acting Commissioner)
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of Social Security Administration,
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Defendant.
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No. CV-13-2054-PHX-LOA
ORDER

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This Social Security appeal arises on the Commissioner’s Unopposed Motion for
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Remand, requesting the Court to remand this case for further administrative proceedings,
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pursuant to sentence four of 42 U.S.C. § 405(g). (Doc. 34) Specifically, the Commissioner
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moves for a remand order “[t]o an administrative law judge (“ALJ”) for a de novo hearing
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. . . to: (1) give the substitute party an opportunity for a hearing; (2) determine whether the
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claimant’s impairments met or equaled the criteria of listings 1.02A and 1.03, providing
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sufficient rationale in support of the step three finding; and (3) further evaluate the claimant’s
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mental impairments and reassess the claimant’s residual functional capacity.” (Id. at 1-2)
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The Commissioner’s counsel represents that Plaintiff, through her counsel of record,
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has been contacted and does not oppose the Commissioner’s Motion. The parties have
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expressly consented in writing to a magistrate judge presiding over all proceedings pursuant
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to 28 U.S.C. § 636(c). (Docs. 7, 9)
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There being no objection to a remand pursuant to sentence four of 42 U.S.C. § 405(g),
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and good cause appearing,

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IT IS ORDERED that the Commissioner’s Unopposed Motion for Remand, doc. 34,

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is GRANTED. The Commissioner’s decision denying Plaintiff’s claim for disability benefits

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is hereby REVERSED and this Social Security appeal is REMANDED, pursuant to

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sentence four of 42 U.S.C. § 405(g), for further administrative proceedings as set forth

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herein. See Shalala v. Schaefer, 509 U.S. 292 (1993).

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On remand, an ALJ must (1) provide the substitute party an opportunity for a hearing;

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(2) determine whether the claimant’s impairments met or equaled the criteria of listings

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1.02A and 1.03, providing sufficient rationale in support of the step three finding; and

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(3) further evaluate the claimant’s mental impairments and reassess the claimant’s residual

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functional capacity.

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IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to enter

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judgment in accordance with Rule 58, Fed.R.Civ.P., and the parties’ briefing schedule is

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hereby vacated.

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Dated this 25th day of March, 2014.

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