Dupuy v. Colvin

Filing 17

RULING granting 15 Consent Motion to Remand to Agency. The clerk of the court will enter a separate judgment pursuant to Fed. R. Civ. P. 58. Signed by Judge Sarah A. L. Merriam on 4/27/2015. (Katz, S.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
INGRID DUPUY,
v.
CAROLYN W. COLVIN,
ACTING COMMISSIONER SOCIAL
SECURITY ADMINISTRATION

:
:
:
:
:
:
:
:
:

CIV. NO. 3:14CV1430 (SALM)

RULING ON CONSENT MOTION FOR ENTRY OF JUDGMENT
The Consent Motion to Remand Under Sentence Four of 42
U.S.C. §405(g) [Doc. #15] is GRANTED pursuant to sentence four
of 205(g) of the Social Security Act, 42 U.S.C. §405(g).
Pursuant to the power of this Court to enter 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 Government’s request to remand this action for further
administrative proceedings, it is ordered that this matter be
remanded to the Commissioner.
Upon remand, the Administrative Appeals Council will remand
this case to an Administrative Law Judge (“ALJ”). Plaintiff will
be given an opportunity for a new hearing and to submit
additional evidence in accordance with 20 C.F.R. §§405.331 and
405.350. The ALJ will reassess plaintiff’s impairments at step
two of the sequential evaluation and reassess plaintiff’s
maximum residual functional capacity, and in so doing,
reevaluate the medical and other opinions of record. If
1

necessary, the ALJ will also obtain vocational expert testimony
to determine whether plaintiff can perform past relevant work
and/or make an adjustment to other work that exists in
significant numbers. The ALJ will then issue a new decision.
Plaintiff consents to remand.
Therefore, the Court hereby reverses the Commissioner’s
decision under sentence four of 42 U.S.C. §405(g) with a remand
of the case to the Commissioner for further proceedings.

See

Shalala v. Schaefer, 509 U.S. 292 (1993); Melkonyan v. Sullivan,
501 U.S. 89 (1991).
The clerk of the court will enter a separate judgment
pursuant to Fed. R. Civ. P. 58.
This is not a Recommended Ruling.

The parties consented to

the entry of a final order and judgment by a Magistrate Judge on
April 27, 2015. [Doc. #16].
Dated at New Haven, this 27th day of April 2015.

____/s/____________________
Sarah A. L. Merriam
UNITED STATES MAGISTRATE JUDGE

2