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govinfo:USCOURTS-ohsd-1_25-cv-00889-0
TABITHA B.,
V.
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION - CINCINNATI
Plaintiff, Judge Matthew W. McFarland
FRANK BISIGNANO,
Commissioner of Social Security,
Defendant.
ORDER
This matter is before the Court on the parties' Joint Motion to Remand (Doc. 11)
and Joint Status Report (Doc. 12). In their Motion and Joint Status Report, the parties
request that the Court reverse the Commissioner's decision and remand this matter to the
Commissioner for further administrative proceedings pursuant to Sentence Four of
Section 405(g) of the Social Security Act, 42 U.S.C. § 405(g) ("Sentence Four"). (Joint
Motion to Remand, Doc. 11, Pg. ID 1401; Joint Status Report, Doc. 12, Pg. ID 1404.) The
parties note their agreement that this Court should reverse, remand, and enter judgment
in favor of Plaintiff based on deficits in the Administrative Law Judge's evaluation of the
state agency psychologist's findings. (Joint Status Report, Doc. 12, Pg. ID 1404.)
Accordingly, based on the deficits in the Administrative Law Judge's consideration of
this matter, the Court ORDERS the following:
1. The parties' Joint Motion to Remand (Doc. 11) is GRANTED;
2. The Commissioner's decision in this matter is REVERSED;
Case: 1:25-cv-00889-MWM-KAJ Doc #: 13 Filed: 06/17/26 Page: 1 of 2 PAGEID #: <pageID>
3. This matter is REMANDED to the Commissioner, pursuant to Sentence Four;
4. On remand, the Appeals Council shall instruct the Administrative Law Judge to
further consider Plaintiff's claim and reevaluate the state agency psychologist's
findings, taking any action necessary to complete the administrative record,
including offering Plaintiff the opportunity for a hearing and issuing another
decision; and
5. This matter is TERMINATED from the Court's docket.
IT IS SO ORDERED.
2
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO QJ)
B;1{~ .V.~ff~~
JUDGE MATTHEW W. McFARLAND
Case: 1:25-cv-00889-MWM-KAJ Doc #: 13 Filed: 06/17/26 Page: 2 of 2 PAGEID #: <pageID>