Ortiz v. Social Security Administration

District Court, D. New Mexico·Decided August 17, 2023·No. 1:22-cv-00690·Unknown

Opinion

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

ROBERTA ORTIZ, Plaintiff, Vs. CIV. NO. 1:22-cv-00690-MIS-LF KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. ORDER GRANTING UNOPPOSED REMAND Defendant, the Acting Commissioner of Social Security (Commissioner), 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.' See Shalala v. Schaefer, 509 U.S. 292 (1993). IT IS SO ORDERED. Moc ansh S\riddeud MARGARET STRICKLAND UNITED STATES DISTRICT 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 8/17/23 MARGARET SOBOTA Special Assistant United States Attorney

ATTORNEYS FOR DEFENDANT

Approved by:

/s/ Electronically approved on 8/16/23 Benjamin Decker

ATTORNEY FOR PLAINTIFF

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Ortiz v. Social Security Administration, (D.N.M. 2023).

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Related

Shalala v. Schaefer
509 U.S. 292 (Supreme Court, 1993)