Taylor v. Colvin

Filing 9

ORDER granting Defendant's 8 Motion for Remand. 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. Signed by District Judge Martin Reidinger on 6/10/2015. (nv)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:14-cv-00306-MR-DLH

DAVID TAYLOR,

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Plaintiff,
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vs.
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CAROLYN W. COLVIN, Acting
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Commissioner of Social Security
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Administration,
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Defendant.
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_______________________________ )

ORDER OF REMAND

THIS MATTER is before the Court on the Defendant’s Unopposed
Motion for Entry of Judgment under Sentence Four of 42 U.S.C. § 405(g)
with Reversal and Remand of the Cause to the Defendant [Doc. 8].
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 her decision and
for remand of this case for further administrative proceedings.

For the

reasons stated in the Defendant’s motion, the Court finds that remand is
appropriate. See Melkonyan v. Sullivan, 501 U.S. 89 (1991).
On remand, the Appeals Council will direct the Administrative Law
Judge to further evaluate all of the opinion evidence providing weight and
appropriate rationale for the findings reached (20 CFR § 404.1527; Social
Security Rulings 96-2p, 96-5p, and 96-6p). The Appeals Council will also
direct that the Administrative Law Judge further evaluate the claimant’s
maximum residual functional capacity during the entire period at issue based
on the findings made, providing rationale with specific references to evidence
of record in support of the assessed limitations (Social Security Ruling 968p). On remand, the Appeals Council will note that the earning records show
the claimant has a date last insured of June 30, 2012. The Appeals Council
will also note that the record reflects that the claimant made several
complaints regarding overhead reaching and arm extension during the
period at issue. In doing so, the Administrative Law Judge will be instructed
to take any steps necessary to fully develop the administrative record and to
obtain additional medical expert testimony, if necessary. The claimant will
be given an opportunity for a new hearing and to submit additional evidence.

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IT IS, THEREFORE, ORDERED that the Defendant’s Unopposed
Motion for Remand [Doc. 8] 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.
The Clerk of Court shall enter a separate Judgment of Remand
simultaneously herewith, thereby closing the case.
IT IS SO ORDERED.

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