Anderson v. Colvin

Filing 11

RULING granting 9 Amended Consent Motion to Remand to Agency. The Clerk of the Court will enter judgment. Signed by Judge Sarah A. L. Merriam on 10/26/15. (Esposito, A.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
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:
KELLY ANN ANDERSON
:
:
v.
:
:
CAROLYN W. COLVIN, ACTING
:
COMMISSIONER OF SOCIAL
:
SECURITY
:
:
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Civ. No. 3:15CV01022(SALM)

October 26, 2015

RULING ON AMENDED MOTION TO REMAND TO AGENCY
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. #9] is hereby GRANTED pursuant to
sentence four of 205(g) of the Social Security Act, 42 U.S.C.
§405(g), with the consent of the plaintiff.
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 parties’ joint request to remand this action
for further administrative proceedings, the Court hereby
reverses the Commissioner’s decision and orders a remand of this
case to the Commissioner for further proceedings. See Shalala v.
Schaefer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S.
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89 (1991).
Upon remand, the Appeals Council will remand this case to
an administrative law judge. The 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 the plaintiff’s maximum residual functional capacity,
and in so doing, reevaluate the medical and other opinions of
record. The ALJ may also obtain, if necessary, 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 issue a new
decision.
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
October 16, 2015. [Doc. #9].
SO ORDERED at New Haven this 26th day of October 2015.

_______/s/_________________
SARAH A. L. MERRIAM
UNITED STATES MAGISTRATE JUDGE

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