Byrnes v. Social Security Administration

Filing 23

ORDER by Magistrate Judge Gregory J. Fouratt granting 22 Motion to Remand to Agency. (kdj)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO TIMOTHY ROBERT BYRNES, Plaintiff, v. Civ. No. 17‐416 GJF NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant. ORDER THIS MATTER is before the Court on Defendant’s “Unopposed Motion for Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g)” (“Motion”) [ECF No. 22]. Having reviewed the Motion, noted the parties’ concurrence, and found good cause for the relief requested, the Court GRANTS the motion, 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. IT IS SO ORDERED. ____________ THE HONORABLE GREGORY J. FOURATT UNITED STATES MAGISTRATE JUDGE

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