Yazzie v. Social Security Administration

Filing 21

ORDER by Magistrate Judge Lourdes A. Martinez GRANTING 20 Unopposed Motion to Remand to Agency. (atc)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO PAUL D. YAZZIE, Plaintiff, vs. No. CIV 16-0779 LAM NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ORDER GRANTING DEFENDANT’S UNOPPOSED MOTION FOR REMAND THIS MATTER is before the Court on Defendant’s Unopposed Motion for Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) (Doc. 20), filed February 3, 2017. Having considered the motion, the Court finds that it is well-taken and shall be GRANTED. IT IS THEREFORE ORDERED that Defendant’s Unopposed Motion for Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) (Doc. 20) is GRANTED and the Court hereby REVERSES the Commissioner’s decision under sentence four of 42 U.S.C. § 405(g) and REMANDS this case to the Commissioner for further administrative proceedings. IT IS FURTHER ORDERED that the briefing schedule in this matter is VACATED. IT IS SO ORDERED. _______________________________ LOURDES A. MARTÍNEZ UNITED STATES MAGISTRATE JUDGE Presiding by Consent SUBMITTED AND APPROVED BY: (Prior to modification by the Court) Filed Electronically 2/3/2017 JESSICA MILANO Special Assistant United States Attorney Telephonically approved 2/2/17 FELIZ M. MARTONE Attorney for Plaintiff 2

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