Bennett v. Social Security Administration

• Court: District Court, D. New Mexico
• Decided: June 1, 2022
• Docket: 1:21-cv-00939
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

DEREK A. BENNETT,

Plaintiff, v. No. 1:21-cv-00939-SMV KILOLO KIJAKAZI, Acting Commissioner of Social Security,

Defendant.

ORDER Defendant, the Acting Commissioner of Social Security, by and through her counsel, has filed an unopposed motion with this Court, pursuant to 42 U.S.C. § 405(g), to enter a judgment with an order of reversal with remand of the case to the Commissioner for further administrative proceedings. Pursuant to the power of this Court to enter a judgment affirming, modifying, or reversing the Commissioner’s decision with remand in Social Security actions under sentence four of 42 U.S.C. § 405(g), and in light of the Commissioner’s request for remand of this action for further proceedings, this Court hereby REVERSES the Commissioner’s decision under sentence four of 42 U.S.C. § 405(g) with a REMAND to the Commissioner for further administrative proceedings.1 See Shalala v. Schaefer, 509 U.S. 292 (1993).

1 The clerk of the Court will enter a separate judgment pursuant to the Federal Rules of Civil Procedure, Rule 58. SIGNED June 1, 2022 _xYp Stephan M. Vidmar United States Magistrate Judge

SUBMITTED AND APPROVED BY: Electronically submitted 6/1/2022 LAURA H. HOLLAND Special Assistant United States Attorney Electronically approved 6/1/2022 Matthew F. Richter Attorney for Plaintiff