BEVILACQUA v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER

Filing 12

ORDER granting 11 Motion to Remand By JUDGE NANCY TORRESEN. (rmb)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
CYNTHIA BEVILACQUA,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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Civil Action No. 1:14-00545-NT

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 to remand this action for further
administrative proceedings by the Appeals Council.
IT IS HEREBY ORDERED that this case be remanded to the Social Security
Administration for further administrative proceedings. Upon the remand of this
case by this Court, the Appeals Council will remand it to an Administrative Law
Judge (“ALJ”) for submission of new evidence, a de novo hearing, and a new
decision. The Appeals Council will direct the ALJ to reconsider whether Plaintiff
had a severe physical impairment as of her date last insured and reconsider the
opinion evidence in accordance with 20 C.F.R. § 404.1527 and Social Security
Ruling 96-6p.

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.
SO ORDERED.
/s/ Nancy Torresen
United States Chief District Judge
Dated this 1st day of May, 2015.

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