Shaw v. Astrue

Filing 36

ORDER granting 34 Motion to Remand to Social Security Administration. Signed by District Judge Terrence W. Boyle on 10/18/11. (Tripp, S.)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION

No.
5:ll-CV-189-BO

JOCELYN SHAW,

Plaintiff,

o

R D E R

v.
MICHAEL J. ASTRUE,
Commissioner of
Social Security,
Defendant.

This matter is before the court on Plaintiff's Motion for
Judgment on the Pleadings and Defendant's Motion for Remand to
the Commissioner.

Plaintiff's counsel has indicated that she

consents to the Government's Motion for Remand.
Accordingly,

for good cause shown, the Court hereby reverses

the Commissioner's decision under sentence four of 42 U.S.C.
405(g)

and

§

1383(c) (3)

for further proceedings.

and remands the case to the Commissioner
See Shalala v. Schaefer, 509 U.S. 292

(1993); Melkonyan v. Sullivan, 501 U.S. 89
Upon remand,

§

(1991).

Plaintiff shall be allowed further

administrative proceedings before an administrative law judge for
evaluation of new and material evidence submitted from Dorene
Duffy,

LPC, NCC.

In addition, the ALJ should obtain updated

mental health records, determine whether Plaintiff has a mental
impairment, and reassess Plaintiff's credibility and residual
functional capacity.

The Clerk of Court is directed to enter a

separate judgment pursuant to Rule 58 of the Federal Rules of
Civil Procedure.
SO ORDERED this

day of October, 2011.

errence W. Boyle
United States District

2