Evers v. Commissioner of Social Security

Filing 11

ORDER: (1) GRANTING THE PARTIES' JOINT MOTION FOR REMAND (DOC. NO. 10 ); (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; AND (4) TERMINATING THIS CASE ON THE COURT'S DOCKET. Signed by Judge Michael J. Newman on 9/16/2022. (bjr)

Case: 3:22-cv-00106-MJN-KLL Doc #: 11 Filed: 09/16/22 Page: 1 of 2 PAGEID #: 1509

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
DARREN EVERS,
Plaintiff,

Case No. 3:22-cv-106

vs.

COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,

District Judge Michael J. Newman
Magistrate Judge Karen L. Litkovitz

Defendant.
___________________________________________________________________________
ORDER: (1) GRANTING THE PARTIES’ JOINT MOTION FOR REMAND (DOC. NO.
10); (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; 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. 10. 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 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 administrative hearing, and then issue a new decision; and

Case: 3:22-cv-00106-MJN-KLL Doc #: 11 Filed: 09/16/22 Page: 2 of 2 PAGEID #: 1510

(5) this case is TERMINATED upon the Court’s docket. The Clerk is ORDERED to enter
judgment in Plaintiff’s favor.
IT IS SO ORDERED.
Date:

September 16, 2022

s/Michael J. Newman
Hon. Michael J. Newman
United States District Judge