MILLER v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER

Filing 16

ORDER granting 15 Motion to Remand By JUDGE JON D. LEVY. (akr)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
TAMMY MILLER,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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Civil Action No. 1:16-cv-00503-JDL

March 7, 2017

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 instruct the Administrative Law Judge to further evaluate the
opinion evidence, and take any further action necessary to complete the administrative record
and issue a new decision.
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.

Dated: March 7, 2017
/s/ Jon D. Levy
U.S. DISTRICT JUDGE