Fazekas v. Commissioner of Social Security

Filing 22

Memorandum Opinion and Order: The parties' stipulation, which the Court construes as a joint motion, is granted. The Commissioner's decision is reversed and this matter is remanded for further proceedings consistent with the relief requested in the stipulation. Judge Sara Lioi on 12/22/16. Related document 21 . (H,KR)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
JOHN P. FAZEKAS,

PLAINTIFF,
vs.

CAROLYN W. COLVIN, ACTING
COMMISSIONER OF SOCIAL SECURITY,

DEFENDANT.

)
)
)
)
)
)
)
)
)
)
)
)
)

CASE NO. 1:16-cv-1741

JUDGE SARA LIOI

OPINION AND ORDER

Before the Court is the parties’ joint stipulation to remand this case to the Commissioner of
Social Security for further proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g), and to enter
an appropriate order with judgment. (Doc. No. 21.) The parties’ stipulation states that:
Upon remand, the Appeals Council will instruct the Administrative Law Judge to
reweigh the opinion evidence of record, including the opinions of the State Agency
psychologists. The ALJ shall also offer the claimant a new hearing, take further actions to
complete the administrative record resolving the above issues, and issue a new decision.
(Id.)
The parties’ stipulation, which the Court construes as a joint motion, is granted. The
Commissioner’s decision is reversed and this matter is remanded for further proceedings consistent with
the relief requested in the stipulation, as set forth above.
A Judgment Entry will be separately published.
IT IS SO ORDERED.

Dated: December 22, 2016
HONORABLE SARA LIOI
UNITED STATES DISTRICT JUDGE