Muniz v. Social Security Administration

Filing 22

ORDER by Chief Magistrate Judge Carmen E. Garza granting 21 Motion to Remand to Agency. (crc)

Case 1:21-cv-00301-CG Document 22 Filed 01/11/22 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
DAVID MUNIZ,
Plaintiff,
v.

No. CV 21-301 CG

KILOLO KIJAKAZI,1
Commissioner of the
Social Security Administration,
Defendant.
ORDER GRANTING UNOPPOSED MOTION TO REMAND
UNDER SENTENCE FOUR OF 42 U.S.C. § 405(g)
THIS MATTER is before the Court on Defendant Commissioner Kilolo Kijakazi’s
Unopposed Motion and Brief to Reverse and Remand for Further Administrative
Proceedings Pursuant to Sentence Four of 42 U.S.C. § 405(g) (the “Motion”), (Doc. 21),
filed January 11, 2022. The Court, having reviewed the Motion, and noting it is
unopposed, finds the Motion is well-taken and shall be GRANTED.
IT IS THEREFORE ORDERED that the Commissioner’s decision in this matter is
REVERSED pursuant to sentence four of 42 U.S.C. § 405(g) and the case is
REMANDED to the Commissioner for further administrative proceedings.2
IT IS SO ORDERED.

_________________________________
THE HONORABLE CARMEN E. GARZA
CHIEF UNITED STATES MAGISTRATE JUDGE

1 Kilolo

Kijakazi was appointed Acting Commissioner of the Social Security Administration on
July 9, 2021.
2 The Court will enter a separate order of final judgment pursuant to Federal Rule of Civil
Procedure 58. See Shalala v. Schaefer, 509 U.S. 292 (1993).