Buck v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
HEATHER N. BUCK, 	)
)
Plaintiff, 	)
)
v. 	) 	Case No. CIV-22-060-KEW
)
KILOLO KIJAKAZI, Acting 	)
Commissioner of Social 	)
Security Administration, 	)
)
Defendant. 	)
ORDER REMANDING CASE FOR FURTHER PROCEEDINGS
On 	February 	21, 	2022, 	Plaintiff 	filed 	the 	Complaint 	in 	this
case, 	alleging 	that 	the 	Administrative 	Law 	Judge 	(“ALJ”) 	should
have determined Plaintiff to be disabled during the relevant period
of time and awarded benefits. 	Defendant filed the administrative
transcript/answer on August 18, 2022. Thereafter, Defendant filed
the 	subject 	Unopposed 	Motion 	for 	Remand, 	requesting 	the 	case 	be
remanded 	to 	Defendant 	pursuant 	to 	sentence 	four 	of 	42 	U.S.C. 	§
405(g) for further proceedings.
As stated in the Motion, Plaintiff does not oppose the remand
of 	this 	case 	for 	the 	purposes 	outlined. 	This 	Court 	specifically
finds 	the 	ALJ 	did 	not 	perform 	the 	analysis 	required 	by 	the
prevailing 	case 	authority 	and 	Social 	Security 	regulations. 	As 	a
result, 	this 	Court 	finds 	the 	ALJ 	erred 	in 	not 	doing 	so, 	thereby
warranting the remand of the case for consideration of the same.
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IT IS THEREFORE ORDERED that Defendant’s Unopposed Motion and
Brief to Reverse and Remand for Further Administrative Proceedings
Pursuant to Sentence Four of 42 U.S.C. § 405(g) (Docket Entry #27)
is hereby GRANTED. 	Accordingly, the decision of the ALJ is hereby
REVERSED and this case is hereby REMANDED to Defendant pursuant to
the 	fourth 	sentence 	of 	42 	U.S.C. 	§ 	405(g) 	for 	further
administrative proceedings.
IT IS SO ORDERED this 20th day of April, 2023.
______________________________
KIMBERLY E. WEST
UNITED STATES MAGISTRATE JUDGE
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