Gaston v. Commissioner of Social Security

Filing 14

ORDER: (1) GRANTING THE PARTIES' JOINT STIPULATION TO REMAND (Doc. No. 13 ); (2) REMANDING THIS CASE TO THE COMMISSIONER UNDER THE FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR FURTHER PROCEEDINGS; (3) DIRECTING THE CLERK OF COURT TO ENTER JUDGMENT IN PLAINTIFF'S FAVOR; AND (4) TERMINATING THIS CASE ON THE COURT'S DOCKET. Signed by Judge Michael J. Newman on 6/4/2024. (srb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
ANGELA G.,
Plaintiff,

Case No. 3:23-cv-381

vs.
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,

District Judge Michael J. Newman
Magistrate Judge Kimberly A. Jolson

Defendant.
___________________________________________________________________________
ORDER: (1) GRANTING THE PARTIES’ JOINT STIPULATION TO REMAND (Doc.
No. 13); (2) REMANDING THIS CASE TO THE COMMISSIONER UNDER THE
FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR FURTHER PROCEEDINGS; (3)
DIRECTING THE CLERK OF COURT TO ENTER 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. 13. 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 receipt of this Order, the Appeals Council
will remand the matter to an Administrative Law Judge to further evaluate Plaintiff’s residual
functional capacity and provide rationale with specific references to the evidence of record in
support of the assessed limitations and evaluate the medical source opinions and prior
administrative medical findings pursuant to the provisions of 20 C.F.R. § 404.1520c. If warranted,

the Administrative Law Judge will obtain supplemental evidence from a vocational expert to
clarify the effect of the assessed limitations on the claimant’s occupational base. The
Administrative Law Judge will also offer the Plaintiff the opportunity for a hearing, take any
further action needed to complete the administrative record, and issue a new decision; and (4) the
Clerk is DIRECTED to enter judgment in Plaintiff’s favor.
This case is TERMINATED upon the Court’s docket.
IT IS SO ORDERED.
June 4, 2024

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

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