Krepps v. Commissioner of Social Security

Filing 21

Memorandum Opinion and Order reversing the decision of the Commissioner and remanding this matter for further proceedings consistent with the parties' Joint Motion to Remand (Doc. 20 ). Defendant's prior Motion to Remand (Doc. 18 ) is denied as moot. Magistrate Judge Kathleen B. Burke on 10/19/2015.(D,I)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
JAMES C. KREPPS,
Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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CASE NO. 1:15-CV-293

MAGISTRATE JUDGE
KATHLEEN BURKE

MEMORANDUM
OPINION AND ORDER

On October 16, 2015, the Defendant filed a Joint Motion to Remand under Sentence Four
of Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), wherein she requests that the
Court remand to the agency for further administrative proceedings and a new decision. Doc. 20.
The parties stipulate that:
The entire prior decision will be vacated, and all pertinent issues will be considered de
novo. Upon receipt of the Court’s order, the Appeals Council will remand the matter to
an administrative law judge for a new hearing and a new decision, with specific
instruction to the administrative law judge to reevaluate the opinions from the treating
and non-examining sources and explain the weight given; reassess the claimant’s residual
functional capacity; and if warranted, obtain supplemental evidence from a vocational
expert to clarify the effect of the reassessed limitations on the claimant’s occupational
base.
Doc. 20, pp. 1-2.
Upon consideration of the parties’ Joint Motion, the Court hereby reverses the decision of
the Commissioner and remands this matter for further proceedings consistent with the parties’
Joint Motion (Doc. 20). Accordingly, Defendant’s prior Motion to Remand (Doc. 18) is denied
as moot.
Dated: October 19, 2015

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Kathleen B. Burke
United States Magistrate Judge