Scott v. Colvin

Filing 28

Opinion Adopting 27 Report and Recommendation of the U.S. Magistrate Judge. The decision of the Commissioner is REVERSED and this case be REMANDED to the Commissioner for further proceedings consistent with this opinion pursuant to sentence four of 42 U.S.C. § 405(g). Signed by Judge John W. deGravelles on 03/13/2017. (EDC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
DWAYNE ANTHONY SCOTT
CIVIL ACTION
VERSUS
NO. 15-404-JWD-EWD
CAROLYN W. COLVIN,
ACTING COMMISSIONER,
SOCIAL SECURITY ADMINISTRATION
OPINION
After independently reviewing the entire record in this case and for the reasons set forth in
the Magistrate Judge's Report dated February 27, 2017, to which no objection was filed:
IT IS ORDERED that the decision of the Commissioner is REVERSED and this case be
REMANDED to the Commissioner for further proceedings consistent with this opinion pursuant
to sentence four of 42 U.S.C. § 405(g).1
Signed in Baton Rouge, Louisiana, on March 13, 2017.

S

JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

1 See, Hawkes v. Colvin, 2014 WL 129341, at *1, *6 (S.D. Ga. Jan. 14, 2014) (“[P]ursuant to sentence four of 42
U.S.C. § 405(g), the Acting Commissioner’s final decision is REVERSED, and this case is REMANDED to the
Acting Commissioner for further consideration in accordance with the Court’s opinion.”); Volk v. Astrue, 2012 WL
4466480, at *6 (M.D. Fla. Sept. 27, 2012) (same); Hill v. Astrue, 2011 WL 679940, at *1, *11 (M.D. Fla. Feb. 16,
2011) (“The Commissioner’s decision is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. §
405(g) because the ALJ failed to properly evaluate Claimant’s RSD in compliance with SSR 03-2p and, therefore,
the decision is not supported by substantial evidence.”); Bernstein v. Astrue, 2010 WL 746491, at *1 (M.D. Fla.
Mar. 3, 2010) (reversing the Commissioner’s decision and remanding the matter to the ALJ pursuant to sentence
four of 42 U.S.C. § 405(g) and § 1383(c)(3) to evaluate plaintiff’s RSD in accordance with SSR 03-2p).