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ALISHA T.,[1] Plaintiff, v. MARTIN O'MALLEY, COMMISSIONER OF SOCIAL SECURITY,[2]Defendant.

LONNY R. SUKO SENIOR UNITED STATES DISTRICT JUDGE

ORDER GRANTING STIPULATED MOTION FOR REMAND

LONNY R. SUKO SENIOR UNITED STATES DISTRICT JUDGE

BEFORE THE COURT is the Defendant's Stipulated Motion to Remand, ECF No. 7. Based on the stipulation of the parties, the Court finds good cause to grant the motion. Accordingly, pursuant to the stipulation, IT IS HEREBY ORDERED:

1. Defendant's Stipulated Motion for Remand, ECF No. 7 is GRANTED.

2. This case is REVERSED and REMANDED for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g).

3. On remand, the ALJ will further develop the record, as appropriate, offer Plaintiff the opportunity for a new hearing, and issue a new decision. Based on the updated record, the ALJ will reevaluate Plaintiff's statements, the medical evidence, and the step-five finding, as necessary.

4. Upon proper presentation, this Court will consider Plaintiff's application for costs, expenses, and reasonable attorney's fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(a), (d).

5. Plaintiff's opening brief, ECF No. 6, and the hearing and remaining briefing schedule are VACATED as moot.

IT IS SO ORDERED. The District Court Clerk is directed to enter this Order and provide copies to counsel. Judgment shall be entered for Plaintiff and the file shall be CLOSED.

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Alisha T. v. O'Malley
(Jan 2, 2024)