Davis v. Social Security Administration

Filing 14

ORDER by Magistrate Judge Steven P. Shreder GRANTING 13 Unopposed Motion to Remand by Social Security Administration. (ndd, Deputy Clerk)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA MICHELE L. DAVIS, Plaintiff, vs. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) Civil No. 6:17-cv-00097-SPS ORDER The matter before me is Defendant’s Unopposed Motion for Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) (Doc. 13), filed December 4, 2017. By this motion, defendant requests the court remand this matter for further administrative proceedings under sentence four of 42 U.S.C. § 405(g). Having reviewed the motion and the file, I find and conclude that the motion is well-taken and should be granted. THEREFORE, IT IS ORDERED as follows: 1. That Defendant’s Unopposed Motion for Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) (Doc. #13), filed December 4, 2017 is granted, 2. That the conclusion of the Commissioner through the Administrative Law Judge that plaintiff was not disabled is reversed; 3. That this matter is remanded to the Commissioner for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g); 4. That judgment shall enter in favor of plaintiff against defendant in accordance with Fed. R. Civ. P. 58 and consistent with the decision of the United States Supreme Court in Shalala v. Schaefer, 509 U.S. 292, 296-302, 113 S.Ct. 2625, 2628-32, 125 L.Ed.2d 239 (1993); and IT IS SO ORDERED this 5th day of December, 2017. 2

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