Encinas v. Social Security Administration

Filing 28

STIPULATED ORDER by Magistrate Judge Stephan M. Vidmar GRANTING 27 Defendant's Unopposed Motion to Remand to Agency (am)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

BERLINDA S. ENCINIAS,
Plaintiff,
vs.

No. 16-cv-0232 SMV

NANCY A. BERRYHILL,
Acting Commissioner of the Social Security
Administration,
Defendant.

ORDER
The matter coming before the Court on Defendant’s Unopposed Motion for Remand
Pursuant to Sentence Four of 42 U.S.C. § 405(g), filed February 10, 2017; the Court having
reviewed said motion and being otherwise fully advised in the premises, FINDS that Plaintiff
does not oppose said motion; and FURTHER FINDS that said motion is well-taken and should
be granted.
IT IS THEREFORE ORDERED as follows:
1. Defendant’s Unopposed Motion for Remand Pursuant to Sentence Four of 42 U.S.C. §
405(g), filed February 10, 2017 is hereby granted,
2. The conclusion of the Commissioner through the Administrative Law Judge that
plaintiff was not disabled is reversed;
3. Upon remand, the Appeals Council will instruct the ALJ to conduct a new hearing and
issue a de novo decision on all issues. Additionally, the Appeals Council will direct the ALJ to
weigh all medical opinions, and provide an explanation for her assignation of weight to each of
those medical opinions.
4. This matter is remanded to the Commissioner for further administrative proceedings
pursuant to sentence four of 42 U.S.C. § 405(g);

5. Judgment shall enter in favor of plaintiff against defendant in accordance with Fed. R. Civ. P.
58 and consistent with the decision of the United States Supreme Court in Shalala v. Schaefer,
509 U.S. 292, 296-302 (1993).
SIGNED __February 10____, 2017.

___________________________________
Stephan M. Vidmar
United States Magistrate Judge

APPROVED AS TO FORM:
Electronically approved on 2/10/17
Ronald G. Harris, Attorney for Plaintiff

Proposed order submitted by:
ALLAN D. BERGER
Special Assistant United States Attorney, one of counsel for Defendant
Social Security Administration, Region VIII
1961 Stout Street, Suite 4169
Denver, CO 80294
[phone]
[e-mail]

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