Ryan v. Social Security Administration

Filing 19

ORDER: IT IS ORDERED AND ADJUDGED that the Motion to Remand filed by the Acting Commissioner of Social Security Nancy A. Berryhill is GRANTED. Signed by Judge Jay C. Zainey on 11/20/2017. (cc: SSA Office of Disability Adjudication & Review) (ajn)

UNITED STATES DISTRICT COURT
EASTEN DISTRICT OF LOUISIANA
WILLIAM RYAN,

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Plaintiff,
v.
NANCY A. BERRYHILL, ACTING
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION,
Defendant.

CIVIL ACTION NO. 17-02902

SECTION: “A” (2)

ORDER
BEFORE THE COURT is the Motion to Remand filed by Acting Commissioner of
theSocial Security Administration, Nancy A. Berryhill (the Commissioner). The Commissioner
seeks remand for further administrative action pursuant to sentence four of 42 U.S.C. § 405(g).
Under sentence four of 42 U.S.C. § 405(g), the Court has the power “to enter, upon the pleadings
and transcript of the record, a judgment affirming, modifying or reversing the decision of the
Commissioner, with or without remanding the cause for a rehearing.” See Melkonyan v. Sullivan,
501 U.S. 89, 97-98 (1991). After review of the Motion, the record in this matter, and the applicable
law, the Court finds that further development in this case is necessary so that the Commissioner
may further evaluate Plaintiff’s impairments.
Thus, the Motion to Remand is GRANTED and this matter will be REMANDED to the
Commissioner’s Appeals Council. Should the Appeals Council remand to an administrative law
judge (ALJ), the ALJ will conduct further proceedings and/or develop the administrative record as
necessary to determine whether Plaintiff is disabled within the meaning of the Social Security Act,
including, if necessary, conducting a new hearing and issuing a new decision.
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IT IS, THEREFORE, ORDERED AND ADJUDGED that the Motion to Remand filed
by the Acting Commissioner of Social Security Nancy A. Berryhill is GRANTED.
SO ORDERED AND ADJUDGED ____________ 20th 2017.
November ____,

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JAY C. ZAINEY
UNITED STATES DISTRICT JUDGE

Prepared by:
Jason M. Bigelow
Attorney for Defendant

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