Vogth-Eriksen v. Commissioner of Social Security

Filing 21

RULING granting defendant's 20 MOTION to Remand to Agency; and denying as moot plaintiff's 15 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 2/22/2017. (Kaczmarek, S.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
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:
DIANE VOGTH-ERIKSEN
:
:
v.
:
:
COMMISSIONER OF
:
SOCIAL SECURITY
:
:
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Civ. No. 3:16CV01114(SALM)
February 22, 2017

RULING ON 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
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. #20] is GRANTED. Pursuant to the power of
this Court to enter judgment affirming, modifying or reversing
the Commissioner’s decision with or without remand in Social
Security actions under sentence four of Section 405(g) of the
Social Security Act, 42 U.S.C. §405(g), and in light of the
Government’s unopposed request to remand this action for further
administrative proceedings, it is hereby ordered that this
matter be remanded to the Commissioner.
Upon remand, the Appeals Council will remand this case to
an administrative law judge (“ALJ”) who is instructed to grant
the claimant an opportunity for a new hearing, and to take any
further action required to complete the administrative record.
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The ALJ is further instructed to reassess plaintiff’s residual
functional capacity, to reevaluate the opinion evidence of
record, and to obtain evidence from a vocational expert.
Plaintiff consents to this 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). In light of the Court’s remand of this
action, the Court DENIES, as moot, plaintiff’s Motion to Reverse
the Decision of the Commissioner. [Doc. #15].
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
November 2, 2016. See Doc. #14.
SO ORDERED at New Haven, Connecticut this 22nd day of
February, 2017.
___________/s/______________
HON. SARAH A. L. MERRIAM
UNITED STATES MAGISTRATE JUDGE

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