Clyburn v. Colvin

Filing 16

MEMORANDUM AND ORDER re: 14 MOTION to Remand Case to Social Security Administration filed by Defendant Carolyn W. Colvin, 11 SOCIAL SECURITY BRIEF filed by Plaintiff Angela Clyburn. IT IS HEREBY ORDERED that the Commissioner's Motion to Reverse and Remand (Doc. 14) is GRANTED.IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that decision of the Commissioner of Social Security is REVERSED and that this case is REMANDED under Sentence Four of 42 U.S.C. § 405(g) for reconsideration and further proceedings consistent with this opinion. Signed by Magistrate Judge Shirley P. Mensah on 3/10/16. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
ANGELA CLYBURN,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security

Defendant.

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Case No. 1:15-CV-175-SPM

MEMORANDUM AND ORDER
This case is before the Court on Acting Commissioner Carolyn W. Colvin’s (“the
Commissioner’s”) Motion to Reverse and Remand the case to the Commissioner for further
administrative action pursuant to sentence four of section 205(g) of the Social Security Act, 42
U.S.C. § 405(g). (Doc. 14). Plaintiff has filed a response stating that she has no objection to the
motion. (Doc. 15). The parties have consented to the jurisdiction of the undersigned United States
Magistrate Judge pursuant to 28 U.S.C. § 636(c)(1). (Doc. 5).
On October 5, 2015, Plaintiff filed a Complaint seeking review of the Commissioner’s
decision that Plaintiff was not under a disability within the meaning of the Social Security Act.
(Doc. 1). The Commissioner filed her answer and the transcript of the administrative proceedings
on December 11, 2015. (Docs. 9 & 10). Plaintiff filed a brief in support of the complaint on
January 11, 2016. (Doc. 11).
On March 8, 2016, the Commissioner filed the instant motion to reverse and remand the
case to the Commissioner for further action under sentence four of section 205(g) of the Social
Security Act, which permits the Court “to enter, upon the pleadings and transcript of the record, a
judgment affirming, modifying, or reversing the decision of the Commissioner, with or without

remanding the cause for a rehearing.” 42 U.S.C. § 405(g). The Commissioner states that after
careful review of the record, the Commissioner has determined that remand is appropriate for
further consideration of Plaintiff’s claims. The Commissioner further represents in her motion that
“[u]pon receipt of the Court’s remand order, the Appeals Council of the Social Security
Administration will remand this case to the ALJ for further review” and that “[o]n remand, the
ALJ will be instructed to obtain additional vocational expert testimony to address and resolve any
inconsistencies with the Dictionary of Occupational Titles and companion publications, as
required by Social Security Ruling 00-4p, specifically with regard to Plaintiff’s limitation to
occasional use of her left, non-dominant, hand above shoulder level.” Doc. 14, at 1.
Upon review of Plaintiff’s brief in support of her complaint, the ALJ’s decision, and the
Commissioner’s motion, the Court agrees with the parties that this case should be reversed and
remanded pursuant to sentence four of 42 U.S.C. § 405(g).
Accordingly,
IT IS HEREBY ORDERED that the Commissioner’s Motion to Reverse and Remand
(Doc. 14) is GRANTED.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that decision of the
Commissioner of Social Security is REVERSED and that this case is REMANDED under
Sentence Four of 42 U.S.C. § 405(g) for reconsideration and further proceedings consistent with
this opinion.

SHIRLEY PADMORE MENSAH
UNITED STATES MAGISTRATE JUDGE
Dated this 10th day of March, 2016.

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