Pinto v. Social Security Administration

Filing 29

ORDER by Magistrate Judge Gregory J. Fouratt granting 28 Unopposed Motion to Remand to Agency. 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. (kdj)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
CLAUDETTE PINTO,
Plaintiff,
v.

Civ. No. 16-826 GJF

NANCY BERRYHILL, Acting
Commissioner of the Social Security
Administration,
Defendant.
ORDER
THIS MATTER is before the Court on Defendant’s “Unopposed Motion to Remand for
Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g)” (“Motion”) [ECF No. 28]. 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 treatment records and diagnoses from Thomas J. Faber,
M.D., Valerie Wrangler, M.D., Joy McQuery, M.D., and Scarlett Soriano, M.D., and reevaluate
at step two whether Plaintiff’s alleged fibromyalgia and mental conditions may be medically
determinable impairments.
IT IS SO ORDERED.

____________
THE HONORABLE GREGORY J. FOURATT
UNITED STATES MAGISTRATE JUDGE