Eickelberger v. Commissioner of Social Security

Filing 16

ORDER: (1) GRANTING THE PARTIES' JOINT MOTION FOR REMAND (Doc. No. 12 ); (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. Signed by Judge Michael J. Newman on 11/22/2024. (acw)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON AUDREY E., Plaintiff, Case No. 3:24-cv-149 vs. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, District Judge Michael J. Newman Magistrate Judge Stephanie K. Bowman Defendant. ___________________________________________________________________________ ORDER: (1) GRANTING THE PARTIES’ JOINT MOTION FOR REMAND (Doc. No. 12); (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. 12. 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, offer another administrative 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. IT IS SO ORDERED. November 22, 2024 s/Michael J. Newman Hon. Michael J. Newman United States District Judge 2

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