Carroll v. Commissioner of Social Security Administration

Filing 19

ORDER OF REMAND granting 18 Motion to Remand to Social Security Administration. Signed by District Judge Martin Reidinger on October 22, 2010. (jhg)

Carroll v. Commissioner of Social Security Administration

Doc. 19

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE WESTERN DISTRICT OF NORTH CAROLINA BRYSON CITY DIVISION C IV IL CASE NO. 2:09cv54

TONY RAY CARROLL, P l a i n t if f , vs . C O M M IS S IO N E R OF SOCIAL S E C U R ITY ADMINISTRATION, D e fen d a n t. )

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O R D E R OF REMAND

TH IS MATTER is before the Court on the parties' unopposed Motion fo r Reversal and Remand pursuant to Sentence Four of 42 U.S.C. §405(g) [D o c . 18]. S e n te n c e four of 42 U.S.C. §405(g) provides in pertinent part, "[t]he c o u rt shall have the power to enter, upon the pleadings and transcript of th e record, a judgment affirming, modifying, or reversing the decision of the C o m m is s io n e r of Social Security, with or without remanding the cause for a re h e a rin g ." The parties have moved for reversal of the decision of the D e fe n d a n t and remand for further administrative proceedings.

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S p e c ific a lly, the parties ask that the administrative law judge (ALJ) be in s tru c te d to update the medical record, conduct a new hearing, and issue a new decision. Further, the ALJ shall be directed to make a finding of fact a s to whether the severity of Plaintiff's cognitive impairment meets or e q u a ls the criteria of section 12.05C, Appendix 1, Subpart P, Regulations N o . 4. To assist in this evaluation, the ALJ will be directed to obtain te s tim o n y from a medical expert. B a s e d on the representations of the

p a rtie s , the Court finds that reversal and remand are appropriate. Melkonyan v. Sullivan, 501 U.S. 89, 111 S.Ct. 2157, 115 L.Ed.2d 78 (19 9 1 ). IT IS, THEREFORE, ORDERED that the Defendant's unopposed M o tio n for Reversal and Remand pursuant to Sentence Four of 42 U.S.C. § 4 0 5 (g ) [Doc. 18] is hereby GRANTED; and IT IS FURTHER ORDERED that the decision of the Commissioner of S o c ia l Security is hereby REVERSED and the case is REMANDED; and IT IS FURTHER ORDERED that upon remand, the administrative law ju d g e (ALJ) shall be instructed to update the medical record, conduct a n e w hearing, and issue a new decision. Further, the ALJ shall be directed to make a finding of fact as to whether the severity of Plaintiff's cognitive im p a irm e n t meets or equals the criteria of section 12.05C, Appendix 1,
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S u b p a rt P, Regulations No. 4. To assist in this evaluation, the ALJ shall be d ire c te d to obtain testimony from a medical expert. A Judgment of Remand is entered simultaneously herewith. The C le rk of Court is notified that this is a final judgment closing the case.

Signed: October 22, 2010

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