Sams v. Astrue

Filing 15

ORDER granting 14 Defendant's Motion to Remand and Entry of Judgment Reversing the Commissioners Decision. Signed by District Judge Martin Reidinger on 03/05/2012. (thh)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11cv200

PAMELA SAMS,
Plaintiff,
vs.
MICHAEL J. ASTRUE,
Commissioner of Social Security
Administration,
Defendant.

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ORDER OF REMAND

THIS MATTER is before the Court on the Defendant’s Motion for
Remand and Entry of Judgment Reversing the Commissioner’s Decision [Doc.
14]. The Plaintiff consents to the motion.
Sentence Four of 42 U.S.C. §405(g) provides, in pertinent part, that
"[t]he court shall have power to enter, upon the pleadings and transcript of the
record, a judgment affirming, modifying, or reversing the decision of the
Commissioner of Social Security, with or without remanding the cause for a
rehearing." The Defendant here has moved for reversal of his decision and
for remand of this case for further administrative proceedings.

The Court finds that remand is appropriate. See Melkonyan v. Sullivan,
501 U.S. 89, 111 S.Ct. 2157, 115 L.Ed.2d 78 (1991). Upon remand to the
Commissioner, the Appeals Council shall remand this case to the
administrative law judge (ALJ) for further development of the record.
Specifically, the Appeals Council will instruct the ALJ : (1) to address the issue
of disability for the period prior to the onset date of April 16, 2010 established
by the favorable decision dated October 13, 2011; (2) to evaluate further the
medical evidence of record in its entirety, the severity of the Plaintiff’s mental
and physical impairments, and the maximum residual functional capacity the
Plaintiff can perform in light of these impairments; and (3) to obtain, if
necessary, supplemental evidence from a vocational expert.
IT IS, THEREFORE, ORDERED that the Defendant’s Motion for
Remand and Entry of Judgment Reversing the Commissioner’s Decision [Doc.
14] is GRANTED.
IT IS FURTHER ORDERED that the decision of the Commissioner of
Social Security is hereby REVERSED and this case is hereby REMANDED
for further administrative proceedings, consistent with this Order.

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The Clerk of Court shall enter a separate Judgment of Remand
simultaneously herewith. The Clerk of Court is notified that this is a final
judgment closing the case.
IT IS SO ORDERED.
Signed: March 5, 2012

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