Wiggins v. Colvin

Filing 16

ORDER granting 15 Defendant's consented to Motion for Entry of Judgment under Sentence Four of 42 U.S.C. sec. 405(g) with Reversal and Remand of the Cause to the Defendant; and granting to the extent set forth in this Ruling 9 Plaintiff' ;s Motion for Judgment on the Pleadings. This is not a Recommended Ruling. The parties have consented to the Magistrate Judge's entering a final order in this case without the need for entry of a recommended ruling and review by a District Ju dge. See Fed. R. Civ. P. 73(b).The Clerk is directed to enter a separate judgment in favor of Plaintiff in this matter under Rule 58(a), Fed. R. Civ. P., to remand this cause to the Commissioner for further administrative proceedings in accordance with this Order, and to close this case. SO ORDERED. Signed by Judge William I. Garfinkel on 2/11/2014. (Smith, M.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
WILLIE WIGGINS,

:

Plaintiff,

:

vs.

: No. 3:13cv0787(WIG)

CAROLYN W. COLVIN,
Acting Commissioner,
Social Security Administration,

:
:

Defendant.
:
---------------------------------------------------------------X

ORDER GRANTING DEFENDANT’S MOTION FOR ENTRY OF JUDGMENT
WITH REVERSAL AND REMAND [DOC. # 15]
Defendant, Carolyn W. Colvin, Acting Commissioner of the Social Security
Administration, has moved this Court to enter judgment with a reversal and remand of this cause
to the Commissioner. Counsel for Defendant represents that he has contacted Plaintiff’s counsel,
Charles E. Binder, Esq., who consents to the relief sought in this motion.
Under sentence four of 42 U.S.C. § 405(g), the Court has the power to enter a judgment
with a reversal and remand of the cause to the Commissioner for further proceedings. See
Shalala v. Schaefer, 509 U.S. 292, 297 (1993); Melkonyan v. Sullivan, 501 U.S. 89, 98 (1991).
Remand for further development of the record is appropriate when gaps exist in the
administrative record or when the administrative law judge (“ALJ”) committed legal error. See
Parker v. Harris, 626 F.2d 225, 235 (2d Cir. 1980).
Here, the Commissioner has determined, and Plaintiff’s counsel concurs, that remand of
this case is necessary for further development of the record and additional administrative
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proceedings. Upon remand, the Social Security Administration’s Appeals Council will remand
this case to an administrative law judge (“ALJ”). The ALJ will (1) update the medical record, if
necessary; (2) further evaluate the medical opinion evidence; (3) if necessary, obtain
supplemental vocational expert testimony; (4) offer the Plaintiff the opportunity for a new
hearing; and (5) issue a new decision.
Accordingly, the Court hereby GRANTS the Defendant’s Motion for Entry of Judgment
Under Sentence Four of 42 U.S.C. § 405(g) with Reversal and Remand of the Cause to the
Defendant [Doc. # 15]. Additionally, Plaintiff’s Motion for Judgment [Doc. # 9] is GRANTED
to the extent set forth in this Ruling.
This is not a Recommended Ruling. The parties have consented to the Magistrate
Judge’s entering a final order in this case without the need for entry of a recommended ruling and
review by a District Judge. See Fed. R. Civ. P. 73(b).
The Clerk is directed to enter a separate judgment in favor of Plaintiff in this matter under
Rule 58(a), Fed. R. Civ. P., to remand this cause to the Commissioner for further administrative
proceedings in accordance with this Order, and to close this case.
It is SO ORDERED, this

11th

day of February, 2014, at Bridgeport, Connecticut.

/s/ William I. Garfinkel
WILLIAM I. GARFINKEL
United States Magistrate Judge

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