Clark v. Colvin

Filing 14

ORDER granting the Defendant's 13 Motion to Remand to the Commissioner of Social Security Administration pursuant to sentence four of 42 U.S.C. § 405(g). The Court reverses the Commissioner's decision and remands this case for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Signed by Judge J. Randal Hall on 02/26/2015. (jah)

IN THE

UNITED

STATES

DISTRICT

SOUTHERN DISTRICT OF

COURT

FOR THE

GEORGIA

AUGUSTA DIVISION

HUGHSENIA CLARK,

*

Plaintiff,

*

v.

*

CV 114-171

*

CAROLYN W. COLVIN, Acting

*

Commissioner of Social

*

Security,

*
*

Defendant.

ORDER

Now before

the

Court

is

a

motion

filed by Defendant,

the

Acting Commissioner of Social Security, under sentence four of
42

U.S.C.

§ 405(g)

to

enter

a

judgment

of

remand

Commissioner for further administrative proceedings.

Defendant represents that "[u]pon remand,
will

direct

the

consideration

to

Administrative
the

claimant's

capacity

during

the

opinions,

and

explain

evidence."

entire

the

(Doc. 13-1 at 1.)

Law

to

the

(Doc. 13.)

the Appeals Council

Judge

maximum

to

give

residual

period

at

issue,

weight

given

to

further

functional

evaluate

such

all

opinion

The Court is further advised that

Plaintiff consents to this requested relief.

Based on the foregoing - and the plain language of sentence

four of § 405(g), which empowers this Court "to enter, upon the

pleadings and transcript of the record, a judgment affirming,

modifying,
Social

or

reversing

Security,

with

the

or

decision

without

rehearing" — the Commissioner's
GRANTED.
and

of

the

remanding

Commissioner
the

cause

unopposed motion

for

(doc.

13)

of
a

is

The Court hereby REVERSES the Commissioner's decision

REMANDS

this

case

for

further

administrative

proceedings

pursuant to sentence four of 42 U.S.C. § 405(g).

ORDER
February,

ENTERED

at

Augusta,

Georgia,

this

&><4P

day

2015.

HOMQEAB1E J.

RANDAL HALL

UNITED JBTATES DISTRICT JUDGE
DISTRICT OF GEORGIA

of