Samadi v. Social Security Administration

Filing 22

ORDER by Magistrate Judge Gregory J. Fouratt granting 21 Unopposed Motion for Remand to Agency. (kdj)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO FAWZIA SAMADI, Plaintiff, v. Civ. No. 16-402 GJF NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant. ORDER GRANTING UNOPPOSED MOTION TO REMAND THIS MATTER is before the Court on Defendant’s “Unopposed Motion to Remand for Further Proceedings” (“Motion”) [ECF No. 21]. Having reviewed the Motion, noted the parties’ concurrence, and found good cause for the relief requested, the Court HEREBY REVERSES the Commissioner’s decision under sentence four of 42 U.S.C. § 405(g) and REMANDS this matter to the Commissioner for further administrative proceedings. See Shalala v. Schaefer, 509 U.S. 292 (1993). IT IS FURTHER ORDERED that, upon remand, the Social Security Administration’s Appeals Council will remand the matter to a new ALJ for a de novo hearing and new decision. On remand, the ALJ will reevaluate the entire time period at issue and, as necessary, will specifically address the time period between November 26, 2006 (Plaintiff’s amended alleged onset date), through April 1, 2009 (the date Plaintiff was previously found to be disabled), in accordance with Social Security Ruling 83-20. IT IS SO ORDERED. _______________________________________ THE HONORABLE GREGORY J. FOURATT UNITED STATES MAGISTRATE JUDGE

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