Higdon v. Astrue
ORDER granting 15 Agreed Motion to Remand to Social Security Administration. Signed by District Judge Martin Reidinger on 08/02/2012. (thh)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
CIVIL CASE NO. 2:11cv51
ERNEST L. HIGDON,
MICHAEL J. ASTRUE,
Commissioner of Social Security,
ORDER OF REMAND
THIS MATTER is before the Court on the Defendant’s Agreed Motion
for Entry of Judgment under Sentence Four of 42 U.S.C. Section 405(g) with
Reversal and Remand of the Cause to the Defendant [Doc. 15]. As noted, 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 parties here have moved for reversal of the decision of the
Defendant and for remand for further administrative proceedings. Specifically,
the parties seek remand for further development of the record.
Upon remand to the Commissioner, the Appeals Council shall assign
this case to a new administrative law judge (ALJ). The Appeals Council will
instruct the ALJ to: (1) reassess the Plaintiff’s residual functional capacity in
order to clarify the limitation concerning the Plaintiff’s ability to stand and/or
walk; (2) re-evaluate the Plaintiff’s credibility; and (3) obtain supplemental
evidence from a vocational expert with consideration to all of the limitations
of the Plaintiff established by the record.
The Court finds remand is appropriate. Melkonyan v. Sullivan, 501 U.S.
89, 111 S.Ct. 2157, 115 L.Ed.2d 78 (1991).
IT IS, THEREFORE, ORDERED that the Defendant’s Agreed Motion for
Entry of Judgment under Sentence Four of 42 U.S.C. Section 405(g) with
Reversal and Remand of the Cause to the Defendant [Doc. 15] is hereby
IT IS FURTHER ORDERED that the decision of the Commissioner of
Social Security is hereby REVERSED and the case is hereby REMANDED.
IT IS FURTHER ORDERED that upon remand, the Commissioner shall
comply with the directives contained within this Order.
The Clerk of Court shall enter separate Judgment of Remand
simultaneously herewith. The Clerk of Court is notified that this is a final
judgment closing the case.
Signed: August 2, 2012
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