Janes v. Social Security

Filing 19

ORDER with remand pursuant to Sentence Four of 42 U.S.C. 405(g). Signed by Magistrate Judge David R. Grand. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
KELLY S. JANES,
Plaintiff,

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

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Civil No.: 16-12467

Magistrate Judge David R. Grand

March 10, 2017

ORDER WITH REMAND PURSUANT
TO SENTENCE FOUR OF 42 U.S.C. § 405(g)
The Defendant, Nancy A. Berryhill, Acting Commissioner of the Social
Security Administration (“Commissioner”), has moved this Court, pursuant to
sentence four of 42 U.S.C. § 405(g), to enter a judgment reversing her decision
with remand of the cause for further administrative proceedings.
Upon remand by this Court, the Appeals Council will remand this matter to
an Administrative Law Judge (“ALJ”). Upon remand, the ALJ shall be instructed
to conduct a new hearing and issue a new decision. If a vocational expert (“VE”)
provides testimony at the new hearing, then the ALJ shall ask the VE if that
testimony conflicts with information provided in the Dictionary of Occupational
Titles (“DOT”); if the VE’s testimony appears to conflict with the DOT, then the

ALJ shall (1) obtain a reasonable explanation for the apparent conflict and (2)
explain in the new decision how the apparent conflict was resolved.
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 42 U.S.C. § 405(g), and in light of the
Commissioner’s request to remand this action for further proceedings, 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 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. As
there remains no justiciable dispute pending between the parties, upon the Clerk’s
entry of judgment, the Court’s jurisdiction over this case shall terminate, except for
purposes of consideration and determination of motions for attorney’s fees.

IT IS SO ORDERED.

Dated: March 10, 2017

s/David R. Grand

Ann Arbor, Michigan

DAVID R. GRAND
United States Magistrate Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was
served upon counsel of record and any unrepresented parties via the
Court’s ECF System.
s/Eddrey O. Butts
EDDREY O. BUTTS
Case Manager