Kaminski v. Saul

Filing 19

ORDER granting 18 Motion to Remand to Agency. On or about July 9, 2021, Kilolo Kijakazi became the acting Commissioner of the Social Security Administration and is substituted for Andrew Saul as defendant in this action. See Fed. R. Civ. Proc. 25(d)(1). The Clerk of the Court is directed to update the docket accordingly. Signed by Judge Stefan R. Underhill on 10/7/21. (Caldero, M.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

RYAN KAMINSKI,
Plaintiff,

No. 3:21-cv-00027 (SRU)

v.
KILOLO KIJAKAZI, ACTING
COMMISSIONER OF SOCIAL
SECURITY,
Defendant. 1
ORDER GRANTING COMMISSIONER’S CONSENT MOTION FOR ENTRY OF
JUDGMENT WITH REVERSAL AND REMAND
The defendant, Kilolo Kijakazi, 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. See Doc. No. 18.
Counsel for the Commissioner represents that he has contacted counsel for Plaintiff, Olia M.
Yelner, Esq., who consents to the relief sought in this motion.
Under sentence four of 42 U.S.C. § 405(g), I have the authority 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).

On or about July 9, 2021, Kilolo Kijakazi became the acting Commissioner of the Social Security Administration
and is substituted for Andrew Saul as defendant in this action. See Fed. R. Civ. Proc. 25(d)(1). The Clerk of the
Court is directed to update the docket accordingly.
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Here, the Commissioner has determined that a remand of the case for additional
administrative action is necessary. Upon remand, the Administrative Law Judge (“ALJ”) will be
instructed to: (1) give further consideration to Plaintiff’s residual functional capacity and provide
appropriate rationale with specific references to the evidence of record in support of the assessed
limitations; and (2) evaluate the medical opinion evidence in accordance with 20 C.F.R. §§
404.1520(c) and 416.920(c).
Accordingly, I GRANT the Commissioner’s Consent Motion for Entry of Judgment
Under Sentence Four of 42 U.S.C. § 405(g). The Clerk shall enter a judgment of reversal and
remand under sentence four of 42 U.S.C. § 405(g), and shall remand the case to the
Commissioner for further proceedings consistent with the motion.
So ordered.
Dated at Bridgeport, Connecticut, this 7th day of October 2021.
/s/ STEFAN R. UNDERHILL
Stefan R. Underhill
United States District Judge

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