Besecker v. Commissioner of Social Security

Filing 10

ORDER: (1) GRANTING THE PARTIES' JOINT STIPULATION FOR REMAND (DOC. NO. 9 ); (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 COURTS DOCKET. Signed by Judge Michael J. Newman on 1/17/2023. (srb)

Case: 3:22-cv-00274-MJN-EPD Doc #: 10 Filed: 01/17/23 Page: 1 of 2 PAGEID #: 1339

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
ANGELA BESECKER,
Plaintiff,

Case No. 3:22-cv-274

vs.
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,

District Judge Michael J. Newman
Magistrate Judge Elizabeth P. Deavers

Defendant.
___________________________________________________________________________
ORDER: (1) GRANTING THE PARTIES’ JOINT STIPULATION FOR REMAND
(DOC. NO. 9); (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 Stipulation 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. 9.
For good cause shown, and because the requirements of a Sentence Four remand have been
satisfied, IT IS ORDERED THAT (1) the parties’ Joint Stipulation 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 Stipulation 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 (5) this case is TERMINATED upon the Court’s
docket.

Case: 3:22-cv-00274-MJN-EPD Doc #: 10 Filed: 01/17/23 Page: 2 of 2 PAGEID #: 1340

The Clerk is ORDERED to enter judgment in Plaintiff’s favor.
IT IS SO ORDERED.
January 17, 2023

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

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