Williams v. Commissioner of Social Security
DECISION AND ORDER granting 10 Motion to Remand - The parties' Joint Stipulation to Remand to the Commissioner 10 is ACCEPTED, the Clerk of Court is directed to enter Judgment in Plaintiff's favor under Fed. R. Civ. P. 58, this matter is REMANDED to the Social Security Administration, pursuant tosentence four of 42 U.S.C. Section 405(g), for further consideration consistent with this Decision and Entry and the parties' stipulation; and the case is terminated on the docket of this Court. Signed by Judge Thomas M. Rose on 3-28-2017. (de)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
HELEN A. WILLIAMS,
NANCY A. BERRYHILL,
COMMISSIONER OF SOCIAL
: Case No. 3:16-cv-301
: District Judge Thomas M. Rose
: Magistrate Judge Sharon L. Ovington
DECISION AND ENTRY
This social security case is presently before the Court on the parties’ Joint Motion
to Remand. (Doc. #10). The parties agree that this case should be remanded to the
Commissioner of Social Security for further proceedings, pursuant to sentence four of
Section 205 of the Social Security Act, 42 U.S.C. § 405(g), and respectfully request this
Honorable Court enter an appropriate order with judgment.
Upon remand, the Appeals Council will vacate all findings in the Administrative
Law Judge’s (ALJ’s) decision, and the Commissioner will conduct further proceedings
and develop the administrative record as necessary to determine whether Plaintiff is
under a disability as defined by the Social Security Act. In so doing, the ALJ will (1)
offer Plaintiff a supplemental hearing; (2) reevaluate the medical opinions and explain
the reasons for the weight assigned pursuant to the regulations; (3) reassess Plaintiff’s
residual functional capacity; and (4) if necessary, obtain supplemental testimony from a
vocational expert to clarify the effect of the reassessed limitations on Plaintiff’s past
relevant work and occupational base.
IT IS THEREFORE ORDERED THAT:
1. The parties’ Joint Stipulation to Remand to the Commissioner (Doc. #10) is
2. The Clerk of Court is directed to enter Judgment in Plaintiff’s favor under Fed.
R. Civ. P. 58;
3. This matter is REMANDED to the Social Security Administration, pursuant to
sentence four of 42 U.S.C. § 405(g), for further consideration consistent with
this Decision and Entry and the parties’ stipulation; and
4. The case is terminated on the docket of this Court.
IT IS SO ORDERED.
Date: March 28, 2017
*s/Thomas M. Rose
Thomas M. Rose
United States District Judge
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