Kumbalek v. Berryhill

Filing 18

ORDER signed by Judge Pamela Pepper on 7/20/2018. 17 Stipulation for remand APPROVED. Commissioner's denial of benefits REVERSED; case REMANDED to Commissioner for further proceedings under Sentence Four of 42 U.S.C. §405(g). (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

CATHLEEN A. KUMBALEK,
Plaintiff,
v.

Case No. 18-cv-177-pp

NANCY A. BERRYHILL,
Acting Commissioner of the
Social Security Administration
Defendant.

ORDER APPROVING STIPULATION FOR REMAND (DKT. NO.17), AND
REMANDING CASE FOR FURTHER PROCEEDINGS UNDER SENTENCE
FOUR OF 42. U.S.C. §405(g)

On July 20, 2018, the parties filed a stipulation for remand for further
proceedings pursuant to sentence four of 42 U.S.C. §405(g). Dkt. No. 17. The
court APPROVES the stipulation for remand, and ORDERS that:
The case is REMANDED to the Commissioner of Social Security. On
judicial remand, the Commissioner will instruct the administrative law judge to
inter alia explain how he considered the borderline age situation, state whether
he is applying the higher age category or the chronological age, and note the
specific factor(s) he considered; include SSR 96-8p’s requisite narrative
discussion regarding how the claimant’s moderate limitation in concentration,

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persistence, or pace affects her ability to work (assuming the ALJ again finds
said limitation); and issue a de novo decision.
Dated in Milwaukee, Wisconsin this 20th day of July, 2018.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
United States District Judge

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