Abalos v. O'Malley

Background

Roberto Abalos brought this Social Security case against the Commissioner of Social Security. Through their attorneys, the parties filed a stipulation asking the court to reverse and remand the case for another hearing.

Requested Remand

The parties agreed that the Commissioner would direct the Administrative Law Judge to give further consideration to the opinion evidence and prior administrative medical findings and evaluate that evidence under the applicable regulations. The Administrative Law Judge must also further evaluate the plaintiff’s residual functional capacity, take any necessary action to complete the administrative record and the required sequential evaluation, and issue a new decision. The plaintiff must have an opportunity to submit new evidence.

The parties asked the court to specify that the remand was under sentence four of 42 U.S.C. § 405(g), the provision governing certain court-ordered remands in Social Security cases. They also asked the Clerk to enter judgment under Federal Rule of Civil Procedure 58. The parties agreed that reasonable attorney fees, expenses, and costs may be awarded under the Equal Access to Justice Act upon a proper request.

Ruling

Judge Lisa J. Cisneros ordered the case reversed and remanded pursuant to sentence four of § 405(g). The order directs the Commissioner and the Administrative Law Judge to undertake the further review described in the parties’ stipulation and issue a new decision. The order did not itself award attorney fees, expenses, or costs; it stated that those amounts may be awarded upon proper request.