Hounihan v. Colvin

Filing 12

MEMORANDUM AND ORDER re: 11 MOTION to Remand Case to Social Security Administration filed by Defendant Carolyn W. Colvin. IT IS HEREBY ORDERED that defendant's motion to reverse and remand with suggestions in support [#11] is gran ted. IT IS FURTHER ORDERED that the Commissioner's decision be reversed and remanded to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g), for further consideration of the plaintiff's claims. Signed by District Judge Catherine D. Perry on 10/23/13. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION

TERRY HOUNIHAN,

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Plaintiff,
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vs.
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CAROLYN W. COLVIN,
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Acting Commissioner of Social Security, )
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Defendant.
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Case No. 1:13CV98 CDP

MEMORANDUM AND ORDER
This action is on appeal from an adverse ruling of the Social Security
Administration. Pending before me now is the defendant’s motion to reverse and
remand.
Defendant answered plaintiff Terry Hounihan’s complaint on September 16,
2013, then filed this motion two weeks later, on October 1, 2013, moving for
remand of this matter for further consideration of Hounihan’s claims. Specifically,
defendant stated that agency counsel asked the SSA Appeals Council to reconsider
the Commissioner’s decision and that, upon review, the Appeals Council
determined that remand was appropriate.

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In her motion, defendant stated that, upon remand by this court, the Appeals
Council will remand the case to the ALJ with instructions to evaluate the severity
of Hounihan’s impairments as directed by the regulations and to follow the
procedure established at 20 C.F.R. § 416.920a. The ALJ will also be directed to
give further consideration to Hounihan’s residual functional capacity, and to obtain
testimony from a vocational expert if necessary.
Citing Shalala v. Schaefer, 509 U.S. 292 (1993), defendant requests that I
enter a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure,
reversing the decision of the ALJ and remanding this case to the Commissioner
pursuant to sentence four of 42 U.S.C. § 405(g). In addition, citing Brown v.
Barnhart, 282 F.3d 580 (8th Cir. 2002), defendant requests that my order include a
specific statement that it is “reversing and remanding” the case.
The deadlines for plaintiff Hounihan to respond to defendant’s motion and to
file a brief in support of his complaint have passed without comment from
Hounihan. Having considered defendant's motion, I find it to be well-taken.
Accordingly,
IT IS HEREBY ORDERED that defendant’s motion to reverse and remand
with suggestions in support [#11] is granted.

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IT IS FURTHER ORDERED that the Commissioner’s decision be
reversed and remanded to the Commissioner pursuant to sentence four of 42
U.S.C. § 405(g), for further consideration of the plaintiff’s claims.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 23rd day of October, 2013.

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