Nichols v. Commissioner of Social Security

Filing 20

ORDERED THAT the parties joint motion to remand 19 is GRANTED; this case is REMANDED to the Commissioner of Social Security for further administrative proceedings; and the Clerk of Court is DIRECTED to enter a separate judgment as required by Fed. R. Civ. P. 58. ORDER DISMISSING CASE. Signed by Magistrate Judge Karen L. Litkovitz on 4/26/2021. (art)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
MICHAEL EUGENE NICHOLS,
Plaintiff,

Case Number: 1:20-cv-557
Litkovitz, M.J.

vs.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

ORDER

This matter is before the Court on the parties’ joint motion to remand this case for further
administrative proceedings pursuant to Sentence Four of 42 U.S.C. § 405(g) and to enter
judgment in favor of plaintiff pursuant to Fed. R. Civ. P. 58. (Doc. 19).
Pursuant to the parties’ agreement, this matter shall be remanded back to the
Commissioner for further administrative proceedings pursuant to Sentence Four of Section 205
of the Social Security Act, 42 U.S.C. § 405(g). Upon remand, the Appeals Council will vacate
all findings in the Administrative Law Judge’s decision. The Commissioner will develop the
administrative record as necessary to determine whether plaintiff is disabled within the meaning
of the Social Security Act, hold a new hearing, and then issue a new decision.
IT IS THEREFORE ORDERED THAT the parties’ joint motion to remand (Doc. 19)
is GRANTED; this case is REMANDED to the Commissioner of Social Security for further
administrative proceedings; and the Clerk of Court is DIRECTED to enter a separate judgment
as required by Fed. R. Civ. P. 58.

4/26/2021
Date:_____________

__________________________
Karen L. Litkovitz
United States Magistrate Judge