Bjorling v. Commissioner of Social Security
ORDER entered by Chief Judge Sara Darrow on November 13, 2023. The 14 Joint Stipulation to Remand to the Commissioner is GRANTED. Accordingly, the Commissioner's decision in this matter is REVERSED and the cause is REMANDED to the Commissioner for a new hearing pursuant to the fourth sentence of 42 U.S.C. 405(g). The Clerk is directed to enter judgment and close the case. (ARR)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
ROCK ISLAND DIVISION
DENA L. B.,
KILOLO KIJAKAZI, Acting Commissioner
of Social Security,
Case No. 4:23-cv-04085-SLD-JEH
Before the Court is a Joint Stipulation to Remand to the Commissioner (“Joint
Stipulation”), ECF No. 14. The parties jointly request that the Court reverse the Commissioner
of Social Security’s (“Commissioner”) decision and remand the cause for further proceedings
pursuant to sentence four of 42 U.S.C. § 405(g), which authorizes the Court “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.”
The parties agree that the cause should be remanded to an Administrative Law Judge
(“ALJ”) for further proceedings. Joint Stipulation 1. The ALJ “will grant Plaintiff a new
hearing, evaluate the evidence, including opinion evidence, assess Plaintiff’s residual functional
capacity, and whether she could perform her past relevant work or that existed in the national
economy, and issue a new decision.” Id.
The Court finds the remand request appropriate and therefore GRANTS the Joint
Stipulation. Accordingly, the Commissioner’s decision in this matter is REVERSED, and the
cause is REMANDED to the Commissioner for a new hearing pursuant to the fourth sentence of
42 U.S.C. § 405(g). The Clerk is directed to enter judgment and close the case.
Entered this 13th day of November, 2023.
s/ Sara Darrow
CHIEF UNITED STATES DISTRICT JUDGE
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