Lucas v. Social Security Administration

Filing 24

STIPULATED ORDER by Magistrate Judge Stephan M. Vidmar GRANTING 23 Defendant's Unopposed Motion to Remand to Agency (am)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
HEIDI SUE LUCAS,
Plaintiff,
vs.

CIV. NO. 1:16-cv-01131-SMV

NANCY A. BERRYHILL,
Acting Commissioner of
Social Security,
Defendant.
ORDER
Defendant, the Acting Commissioner of Social Security (Commissioner), by and through
her counsel, has filed an unopposed motion with this Court, pursuant to sentence four of
42 U.S.C. § 405(g), to enter a judgment with an order of reversal with remand of the case to the
Commissioner for further administrative proceedings. On order of the Court, the Social Security
Administration’s Appeals Council will vacate the administrative law judge’s (ALJ’s) decision.
The Appeals Council will instruct the ALJ to further consider the opinion evidence, including the
opinions of Dr. Nickel and Dr. Hall, when the ALJ conducts a de novo review.
Pursuant to the power of this Court to enter a judgment affirming, modifying, or
reversing the Commissioner’s decision with remand in Social Security actions under sentence
four of 42 U.S.C. § 405(g), and in light of the Commissioner’s request for remand of this action
for further proceedings, this Court hereby REVERSES the Commissioner’s decision under

sentence four of 42 U.S.C. § 405(g) with a REMAND to the Commissioner for further
administrative proceedings as set forth above.1 See Shalala v. Schaefer, 509 U.S. 292 (1993).
DATED this _16th_ day of _May_, 2017.
BY THE COURT:

________________________________
SUBMITTED AND APPROVED BY:
Electronically submitted 05/15/2017
STEPHANIE LYNN F. KILEY
Special Assistant United States Attorney
Electronically submitted 05/15 /2017
MICHAEL ARMSTRONG
Attorney for Plaintiff

1

The Clerk of the Court will enter a separate judgment pursuant to the Federal Rules of Civil
Procedure, Rule 58.
2