Burton v. Bisignano

Jul 21, 2026
4:26-cv-05014

ORDER GRANTING STIPULATED MOTION FOR REMAND

BEFORE THE COURT is the parties’ Stipulated Motion for Remand. ECF No. 16. The parties have agreed that this case should be remanded for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g).

This case is reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g). Upon proper presentation, this Court will consider Plaintiff‘s application for costs, expenses, and reasonable attorney‘s fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(a), (d).

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IT IS HEREBY ORDERED:

  1. The Parties’ Stipulated Motion for Remand (ECF No. 16) is GRANTED. This case is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings. Upon remand, the Administrative Law Judge will be directed to offer Plaintiff the opportunity for a hearing; re-evaluate whether Plaintiff‘s impairment or combination of impairments meet, medically equal, or functionally equal a listed impairment; take any other action necessary to complete the administrative record; and issue a new decision.
  2. The Plaintiff‘s Opening Brief, ECF No. 12, is denied as moot.
  3. The District Court Executive is hereby directed to file this Order, provide copies to counsel, enter JUDGMENT for Plaintiff, and CLOSE the file.

DATED July 21, 2026.

THOMAS O. RICE

United States District Judge