Doyle v. Berryhill

Filing 16

ORDER granting 15 Motion to Remand to the Social Security Administration and reversing the decision of the Commissioner of Social Security. The Court Orders the Clerk to remand the cause to the Commissioner for further consideration. The Clerk of Court shall close this case and enter judgment in favor of Plaintiff and against Defendant. Signed by Chief Judge J. Randal Hall on 07/12/2018. (thb)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
*

WANDA EVETTE DOYLE,
*
*■

Plaintiff,

*

CV

117-144

5

V.
•k
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NANCY A. BERRYHILL,

•k

Deputy Commissioner for
Operations of the Social
Security Administration,
performing the duties and

■k
■k
■k
■k

functions not reserved to the

k

Commissioner of Social

•k

Security,

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k

Defendant.

k

ORDER

Before the Court is Defendant's ''Unopposed Motion for Entry

of

Judgment

Under

Sentence

Four

of

42

U.S.C.

§

405(g)

Reversal and Remand of the Cause to the Defendant."
Defendant

seeks

Administration's

remand

Appeals

so

that

Council

can

the

(Doc.

Social

instruct

with

an

15. )

Security

ALJ

to

reevaluate the existing evidence on the administrative record.
(Doc.

15-1. )

Under

42

U.S.C.

§

405(g),

a

district

court

can

remand a

case to the Social Security Commissioner "by two methods,
are

commonly denominated

'sentence

four remands'

and

which

'sentence

six

F.3d

remands

1253,

proper

"

1261

^^when

existence

or

Inqram

(11th

the

v. Comm^r of Social Sec.

Cir.

2007).

district

available

court

to

the

A

sentence

learns

claimant

of
at

Admin., 496

six

remand

evidence
the

not

time

of

is

in
the

administrative proceeding that might have changed the outcome of

that proceeding."

Id.

at 1267.

A sentence

four

remand is

proper when the evidence is already part of the administrative
record.

Id.

discretion

to

at

1269.

remand,

Under

but

it

sentence

must

four,

enter

a

final

court

has

judgment

reversing, modifying, or affirming the Commissioner's decision.
Melkonyan v. Sullivan, 501 U.S. 89, 100-02 (1991).

In Defendant's memorandum supporting the motion. Defendant

states that the Appeals Council will, on remand, instruct an ALJ
to reevaluate the existing evidence, explain the weight given to

opinion

evidence,

evidence.

and

(Doc. 15-1.)

if

necessary,

obtain

supplemental

Plaintiff offers no evidence that was

previously unavailable and argues only for a reexamination of
the evidence already on the administrative record.

(Doc. 14.)

Accordingly, a remand under sentence four of 42 U.S.C. § 405(g)
is proper.

For the foregoing reasons and because Plaintiff does not

oppose the motion, the Court GRANTS Defendant's motion (doc. 15)
and

REVERSES

Security.

the

decision

of

the

Commissioner

of

Social

The Court ORDERS the Clerk to REMAND the cause to the

Commissioner for further consideration.

The Clerk of this Court

SHALL CLOSE this case and ENTER JUDGMENT in favor of Plaintiff

and against Defendant.

ORDER ENTERED at Augusta, Georgia, this

/^^ay of July,

2018.

J. RANtJTnTTHALL, CHIEF JUDGE
UNITED SmTES DISTRICT COURT

\^OUTilE-RN DISTRICT OF GEORGIA