Tobias v. Saul

Filing 18

ORDER granting 17 Motion to Remand to Agency. Signed by Judge Thomas O. Farrish on 11/17/2021. (Wood, R.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
JOAN ROSE T.,
Plaintiff,

Civil No. 3:21-cv-00567-TOF

v.
November 17, 2021
KILOLO KIJAKAZI, ACTING
COMMISSIONER OF SOCIAL SECURITY
Defendant.1
ORDER GRANTING COMMISSIONER’S CONSENT MOTION FOR ENTRY OF
JUDGMENT WITH REVERSAL AND REMAND
On November 16, 2021, the defendant, Kilolo Kijakazi, acting Commissioner of Social
Security, moved for entry of a judgment reversing the decision of the Administrative Law Judge
and remanding for “further development of the record and additional administrative action.” (ECF
No. 17.) The motion recited that the Commissioner has contacted counsel for the plaintiff, who
consents to the relief sought in this motion. The defendant’s motion is GRANTED.
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’ evident agreement
to remand this action for further administrative proceedings, the Court hereby ORDERS that the
Commissioner’s decision is reversed and the case is remanded to the Commissioner for further

When the Plaintiff filed this action, she named the then-Commissioner of the Social
Security Administration, Andrew Saul, as the defendant. (Compl., ECF No. 1.) Commissioner
Saul no longer serves in that office. His successor, Acting Commissioner Kilolo Kijakazi, is
automatically substituted as the defendant pursuant to Fed. R. Civ. P. 25(d). The Clerk of the
Court is respectfully requested to amend the caption of the case accordingly.

1

proceedings. See Shalala v. Schaefer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 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 issue a new decision.
The clerk of the Court is directed to enter a separate judgment pursuant to Fed. R. Civ. P.
58.
This is not a Recommended Ruling. The plaintiff and defendant consented to the entry of
a final order and judgment by a Magistrate Judge on April 27, 2021, and April 29, 2021,
respectively. (ECF Nos. 6, 7.)
It is so ordered.

/s/ Thomas O. Farrish
Hon. Thomas O. Farrish
United States Magistrate Judge