Lucero v. Social Security Administration

Opinion

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

ERIC MARK L., Plaintiff, vee CIV. NO. 1:23-cev-01044-KRS MARTIN O’MALLEY, Commissioner of Social Security, Defendant. ORDER Defendant, the Commissioner of Social Security (Commissioner), by and through his 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.' See Shalala v. Schaefer, 509 U.S. 292 (1993).

wx “Bessie Se United States Magistrate Judge

' The Court will enter a separate judgment pursuant to Federal Rule of Civil Procedure 58.

Submitted by:

ALEXANDER M.M. UBALLEZ United States Attorney

/s/ Filed Electronically 5/24/2024 MARGARET SOBOTA Special Assistant United States Attorney

ATTORNEYS FOR DEFENDANT

Approved by:

/s/ Electronically approved on 5/22/2024 Laura Joellen Johnson

ATTORNEY FOR PLAINTIFF