Fischer v. Commissioner of Social Security
ORDER (1) GRANTING THE PARTIES JOINT MOTION FOR REMAND (DOC. NO. 18 ); (2) REMANDING THIS CASE TO THE COMMISSIONER UNDER THE FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR FURTHER PROCEEDINGS; (3) ORDERING THE ENTRY OF JUDGMENT IN PLAINTIFFS FAVOR IN A SEPARATE DOCUMENT; AND (4) TERMINATING THIS CASE ON THE COURTS DOCKET. Signed by Judge Michael J. Newman on 4/28/21. (pb)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
Case No. 3:20-CV-00206
District Judge Michael J. Newman
COMMISSIONER OF THE SOCIAL
ORDER (1) GRANTING THE PARTIES’ JOINT MOTION FOR REMAND (DOC. NO.
18); (2) REMANDING THIS CASE TO THE COMMISSIONER UNDER THE FOURTH
SENTENCE OF 42 U.S.C. § 405(g) FOR FURTHER PROCEEDINGS; (3) ORDERING
THE ENTRY OF JUDGMENT IN PLAINTIFF’S FAVOR IN A SEPARATE DOCUMENT;
AND (4) TERMINATING THIS CASE ON THE COURT’S DOCKET
This Social Security disability benefits appeal is presently before the Court on the parties’
joint motion to remand this case to the Commissioner for further administrative proceedings
pursuant to the Fourth Sentence of 42 U.S.C. § 405(g). Doc. No. 18. For good cause shown, and
because the requirements of a Sentence Four remand have been satisfied, IT IS ORDERED
THAT (1) the parties’ Joint Motion for Remand (Doc. No. 18) is GRANTED; (2) this case is
REMANDED to the Commissioner under the Fourth Sentence of 42 U.S.C. § 405(g) for
proceedings consistent with the parties’ Joint Motion and this Order; (3) upon remand, the Appeals
Council will vacate all findings in the Administrative Law Judge’s decision; (4) 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;
and (5) this case is TERMINATED upon the Court’s docket.
The Clerk is ORDERED to enter judgment in Plaintiff’s favor in a separate document.
See Fed. R. Civ. P. 58.
IT IS SO ORDERED.
April 28, 2021
s/Michael J. Newman
Hon. Michael J. Newman
United States District Judge
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