Heck v. Social Security, Commissioner of

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SHAWNA M. H., Plaintiff, Civil No. 2:25-CV-13222 v. FRANK BISIGNANO, MAGISTRATE JUDGE STAFFORD COMMISSIONER OF SOCIAL SECURITY, Defendant. _____________________________________/ STIPULATION TO REMAND TO THE COMMISSIONER The parties hereby jointly move the Court to reverse and remand this case for further proceedings, pursuant to sentence four of 42 U.S.C. § 405(g), and enter judgment in favor of Plaintiff. Should the Court grant the joint motion to remand, per the Sixth Circuit’s recent decision in Follen v. Comm’r of Soc. Sec., 167 F.4th 352, 2026 WL 381021 (6th Cir. 2026), it should articulate that it is reversing and remanding for further administrative proceedings under sentence four of 42 U.S.C. § 405(g) and specify the merits errors that ground it. The parties agree that this Court should enter judgment reversing and remanding to the agency for further administrative proceedings based on deficits in the ALJ’s consideration of vocational evidence. On remand, the Appeals Council will instruct the ALJ to update the administrative record, proceed though the sequential evaluation process, obtain additional vocational evidence, applying the policy in effect at the time the new decision is issued, offer the claimant the opportunity for a hearing, and issue a new decision. WHEREFORE, the parties request that this Court order remand of this case pursuant to the fourth sentence of 42 U.S.C. § 405(g) and enter judgment pursuant to Federal Rule of Civil Procedure 58. Respectfully submitted, JEROME F. GORGON, JR. United States Attorney /s/ Rachel Julis Rachel Julis Special Assistant United States Attorney 6401 Security Boulevard Baltimore, MD 21235 312.596.1853 rachel.julis@ssa.gov1 1 Of Counsel: Zak Toomey, Assistant United States Attorney, 211 Fort Street, Suite 2001, Detroit, MI 48226, MO 61618. /s/ Lisa M. Watkinson2 Lisa M. Watkinson 18831 West 12 Mile Road Lathrup Village, MI 48076 248.767.5511 lwatkinson@lawfirmofbernstein.com /s/ David Chermol David Chermol Chermol & Fishman, LLC 11450 Bustleton Avenue Philadelphia, PA 19116 215.464.7200 fdc@ssahelp.us 2 Signed with consent obtained by email by Special Assistant United States Attorney Rachel Julis, received on May 8, 2026. CERTIFICATE OF SERVICE I hereby certify that on May 9, 2026, the foregoing document was electronically filed with the Clerk of the Court using the ECF system. I further certify that the undersigned emailed an encrypted copy of the document to Lisa M. Watkinson, lwatkinson@lawfirmofbernstein.com and David Chermol, fdc@ssihelp.us. /s/ Rachel Julis Rachel Julis Special Assistant United States Attorney 6401 Security Boulevard Baltimore, MD 21235 312.596.1853 rachel.julis@ssa.gov IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SHAWNA M. H., Plaintiff, Civil No. 2:25-CV-13222 v. FRANK BISIGNANO, MAGISTRATE JUDGE STAFFORD COMMISSIONER OF SOCIAL SECURITY, Defendant. _____________________________________/ ORDER REMANDING CASE UNDER SENTENCE FOUR PER PARTIES’ STIPULATION The parties’ Stipulation to Remand to the Commissioner is granted, and this case is reversed and remanded to the Commissioner for further proceedings under sentence four of 42 U.S.C. § 405(g). This Court hereby enters a judgment, reversing the Commissioner’s decision under sentence four of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), with remand of the cause to the Commissioner for further administrative proceedings. This case is being remanded on the merits to permit the Administrative Law Judge to give further consideration to the vocational evidence. On remand, the Appeals Council will instruct the ALJ to update the administrative record, proceed though the sequential evaluation process, obtain additional vocational evidence, applying the policy in effect at the time the new decision is issued, offer the claimant the opportunity for a hearing, and issue a new decision. s/Elizabeth A. Stafford_________ Elizabeth A. Stafford United States Magistrate Judge Dated: May 12, 2026