Kambo v. Commissioner of Social Security

Filing 35

ORDER REMANDING CASE granting 31 Defendants 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. As explained in the attached Order Remanding Case, the Commissioner has moved for the Court to "enter an Order and Judgment reversing [her] decision and remanding this case to the Commissioner for additional administrative proceedings," because further fact-finding is necessary to "remedy errors" and determine if that decision is supported by substantial evidence. Mot. to Remand at 2. Because there is good cause to reverse and remand this case and there is no objection, the Court GRANTS the Commissioner's motion, and VACATES an d REMANDS the Commissioner's decision for further development of the record and additional administrative proceedings under sentence four of 42 U.S.C. § 405(g).The Clerk of the Court is respectfully directed to enter judgment for Mr. Kambo, remand this case to the Commissioner for rehearing and further proceedings, and close this case. The Clerk of the Court is further instructed that, if any party appeals to this Court the decision made after the remand, any subsequent Social Security appeal is to be assigned to this judge. See attached Order Remanding Case for details. Signed by Judge Victor A. Bolden on 7/11/2019. (Baran, Hugh)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

ILIR KAMBO,
Plaintiff,
v.

No. 3:17-cv-992 (VAB)

ANDREW M. SAUL,
Commissioner, Social Security
Administration,
Defendant.

ORDER REMANDING CASE
On June 16, 2017, Ilir Kambo (“Plaintiff”) filed for review of a decision by the
Commissioner of Social Security (the “Commissioner”) denying him disability insurance
benefits under Title II of the Social Security Act following July 11, 2013. See Complaint, dated
Jun. 16, 2017, ECF No. 1. On October 5, 2017, the Social Security Administration (“SSA”) filed
the transcript of the administrative record. Social Security Transcripts, filed Oct. 5, 2017, ECF
No. 11.
In the two years since the transcripts were filed, the Court has granted multiple
extensions of time to allow the parties to investigate and brief the issues fully. See Orders, dated
May 22, 2018, Aug. 23, 2018, Nov. 21, 2018, Mar. 28, 2019, May 28, 2019, and June 18, 2019,
ECF Nos. 16, 19, 21, 23, 25, 27, and 30.
On July 3, 2019, the Commissioner filed a consent motion to reverse his decision and
remand this action to the SSA for further proceedings, in order to remedy errors in the ALJ’s
decision. 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 (“Mot. to Remand”), ECF No. 31, at 1.
On remand, the ALJ will re-assess Mr. Kambo’s residual functional capacity, acquire

supplemental vocational expert testimony, and offer Mr. Kambo another opportunity for a
hearing. The ALJ will also be instructed to take any further action necessary to complete the
administrative record. Id. at 1–2. The Commissioner stated that Plaintiff’s counsel had been
contacted and consented to the relief sought. Id. at 2.
Under 42 U.S.C. § 405, the Court has the “power to enter, upon the pleadings and
transcript of the record, a judgment affirming, modifying, or reversing the decision of the
Commissioner of Social Security, with or without remanding the cause for a rehearing.” 42
U.S.C. § 405(g). The Court “must determine whether the Commissioner’s conclusions ‘are
supported by substantial evidence in the record as a whole or are based on an erroneous legal
standard.’” Schaal v. Apfel, 134 F.3d 496, 501 (2d Cir. 1998) (citation omitted).
Remand is proper for legal error or a lack of substantial evidence supporting the
conclusions of the Administrative Law Judge. Id. at 505 (“In sum, because we are unsure exactly
what legal standard the ALJ applied in weighing Dr. Jobson’s opinion, because application of the
correct standard does not lead inexorably to a single conclusion, and because the Commissioner
failed to provide plaintiff with ‘good reasons’ for the lack of weight attributed to her treating
physician’s opinion as required by SSA regulations, we conclude that the proper course is to
direct that this case be remanded to the SSA to allow the ALJ to reweigh the evidence pursuant
to the 1991 Regulations, developing the record as may be needed.”).
The Commissioner has moved for the Court to “enter an Order and Judgment reversing
[her] decision and remanding this case to the Commissioner for additional administrative
proceedings,” because further fact-finding is necessary to “remedy errors” and determine if that
decision is supported by substantial evidence. Mot. to Remand at 2. Because there is good cause
to reverse and remand this case and there is no objection, the Court GRANTS the

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Commissioner’s motion, and VACATES and REMANDS the Commissioner’s decision for
further development of the record and additional administrative proceedings under sentence four
of 42 U.S.C. § 405(g).
The Clerk of the Court is respectfully directed to enter judgment for Mr. Kambo, remand
this case to the Commissioner for rehearing and further proceedings, and close this case.
The Clerk of the Court is further instructed that, if any party appeals to this Court the
decision made after the remand, any subsequent Social Security appeal is to be assigned to this
judge.
SO ORDERED at Bridgeport, Connecticut, this 11th day of July, 2019.
/s/ Victor A. Bolden
VICTOR A. BOLDEN
UNITED STATES DISTRICT JUDGE

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