Newberne v. ASTRUE

Filing 13

ORDER granting 12 Motion to Remand. Ordered by Judge Hugh Lawson on 12/6/2012. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION

CHERE NEWBERNE,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of
Social Security,
Defendant.

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Case No 7:12-CV-80 (HL)

ORDER
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 section
205(g) of the Social Security Act, 42 U.S.C. § 405(g), and in light of the government's request, with
Plaintiff’s consent, this Court remands this action for further administrative proceedings. Upon
remand, the Commissioner will further evaluate Plaintiff’s application for disability for the entire
period at issue and determine the precise established onset date, if appropriate. The Commissioner
will also re-evaluate the opinion evidence and, if necessary, obtain vocational expert evidence.
Plaintiff will have an opportunity to supplement and update the record prior to the issuance of a new
decision.
Therefore, this Court hereby reverses the Commissioner's decision under sentence four of
42 U.S.C. § 405(g) with a remand of the cause to the Commissioner for further proceedings. See
Shalala v. Schaefer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991). The clerk
of the court will enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil
Procedure.

IT IS SO ORDERED this 6th day of December

, 2012

S/Hugh Lawson
HUGH LAWSON
Senior United States District Judge
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