Yates v. Colvin

Filing 16

ORDER GRANTING 15 Consent Motion to Remand. Signed by US District Judge Terrence W. Boyle on 11/25/2014. (Fisher, M.)

Download PDF
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:14-CV-00472-BO RHONDA SUE YATES, Plaintiff, V. CAROLYN W. COLYIN, ACTING COMMISSIONER, SOCIAL SECURITY, Defendant. ) ) ) ) ) ) ) ) ) ) ) ORDER This matter is before the Court on Defendant's Consent Motion for Remand. Accordingly, for good cause shown, the Court hereby reverses the Commissioner's decision under sentence four of 42 U.S.C. ยง 405(g) and remands the case to the Commissioner for further proceedings. See Shalala v. Schaefer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991). Upon remand, the Appeals Council will first consider whether the evidence supports a partially or fully favorable decision without remanding the case to an Administrative Law Judge. If the case is remanded, the Appeals Council will instruct the Administrative Law Judge to further consider whether the claimant meets or equals Listing 11.14; reevaluate the Medicaid determination by the Harnett County Department of Social Services, specifically, that part of the determination indicating the claimant meets Listing 11.14; reevaluate the opinion of Samuel David Ciliberto, M.D., indicating the claimant has diabetic neuropathy in both hands and both . feet, which makes it difficult for her to ambulate (Exhibit 26F, and treatment notes in Exhibit 1OF); consider the nerve conduction study in October 2011 confirming mild sensory diabetic polyneuropathy (Exhibit 19F, page 18); and consider the finding that the claimant needs to use an assistive device. SO ORDERED this ~y of A)~ 2014. x:~o~sr1 United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?