Byrnes v. Social Security Administration

Filing 23

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

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