Sanchez v. Colvin

Filing 23

ORDER granting 22 MOTION to Remand to Agency; denying as moot 18 MOTION to Reverse the Decision of the Commissioner. The Clerk shall enter a judgment of reversal and remand and shall remand the case to the Commissioner for further proceedings con sistent with the motion. In accordance with Federal Rule of Civil Procedure 25(d), the Clerk also shall substitute Nancy A. Berryhill as defendant for Carolyn W. Colvin, because Carolyn W. Colvin has ceased to hold the office of Acting Commissioner of Social Security. Signed by Judge Stefan R. Underhill on 01/08/2018. (Jamieson, K)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

JOSE SANCHEZ,
Plaintiff,

No. 3:16-cv-01850 (SRU)

v.
NANCY A. BERRYHILL,1 Acting
Commissioner of Social Security,
Defendant.
ORDER GRANTING COMMISSIONER’S CONSENT MOTION FOR ENTRY OF
JUDGMENT WITH REVERSAL AND REMAND
The defendant, Nancy A. Berryhill, Acting Commissioner of the Social Security
Administration, has moved to enter judgment under sentence four of 42 U.S.C. § 405(g), with a
reversal and remand of the cause to the Commissioner for further action. Counsel for the
Commissioner represents that she has contacted counsel for the plaintiff, Olia Yelner, who
consents to the relief sought in this motion.
Under sentence four of 42 U.S.C. § 405(g), I have 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 that remand of this case for additional
administrative proceedings is necessary. Upon remand, the Social Security Administration

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In accordance with Federal Rule of Civil Procedure 25(d), the Clerk is directed to substitute
Nancy A. Berryhill as defendant for Carolyn W. Colvin, because Carolyn W. Colvin has ceased
to hold the office of Acting Commissioner of Social Security.

Appeals Counsel will remand this case to an ALJ. 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 shall reassess plaintiff’s maximum residual functional capacity, and, in so
doing, shall reevaluate the medical and other opinions of record. The ALJ shall 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 shall then issue a
new decision.
Accordingly, I GRANT the Commissioner’s Consent Motion for Entry of Judgment
Under Sentence Four of 42 U.S.C. § 405(g) [Doc. No. 22]. Plaintiff’s Motion to Remand [Doc.
No. 18] is DENIED AS MOOT. The Clerk shall enter judgment and remand the case to the
Commissioner for further proceedings consistent with the motion. The Clerk is further instructed
that, if any party subsequently appeals to this court the decision made after remand, that Social
Security appeal shall be assigned to me (as the District Judge who issued the ruling that
remanded the case).

So ordered.
Dated at Bridgeport, Connecticut, this 8th day of January 2018.

/s/ STEFAN R. UNDERHILL
Stefan R. Underhill
United States District Judge

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