Gerdes v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
KENNETH W. GERDES, 	)
)
Plaintiff, 	)
)
v. 	) 	Case No. CIV-23-075-JAR
)
COMMISSIONER OF THE SOCIAL 	)
SECURITY ADMINISTRATION, 	)
)
Defendant. 	)
ORDER REMANDING CASE FOR FURTHER PROCEEDINGS
On March 2, 2023, 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. 	The 	parties 	consented 	to 	the 	United
States 	Magistrate 	Judge’s 	jurisdiction 	on 	March 	10, 	2023.
Defendant filed the administrative transcript/answer on April 26,
2023. 	On 	August 	9, 	2023, 	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
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warranting the remand of the case for consideration of the same.
IT IS THEREFORE ORDERED that Defendant’s Unopposed Motion to
Reverse and Remand for Further Administrative Proceedings Pursuant
to Sentence Four of 42 U.S.C. § 405(g) (Docket Entry #16) 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 18 th day of August, 2023.
______________________________
JASON A. ROBERTSON
UNITED STATES MAGISTRATE JUDGE
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