Chesney v. Colvin

Filing 15

ORDER granting 14 Motion to Remand to Commissioner of Social Security. Signed by District Judge Max O. Cogburn, Jr on 11/26/2013. (tmg)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
RICKEY H. CHESNEY,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,

Defendant.

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CIVIL NO. 3:13-CV-00240-MOC

Order
Pursuant to the power of this Court to enter a judgment affirming, modifying or reversing
the Commissioner’s decision with remand in Social Security actions under sentence four of
section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), IT IS HEREBY ORDERED
that this case be remanded for further administrative proceedings.
Upon remand, the administrative law judge (ALJ) will be directed to give Plaintiff an
opportunity for a hearing; obtain additional evidence; and consider Plaintiff’s approval for
Medicaid pursuant to 20 C.F.R. § 416.912(b)(5) and Social Security Ruling (SSR) 06-03p. The
ALJ will also further evaluate the mental impairments in accordance with the special technique
described in 20 C.F.R. § 416.920a, documenting application of the technique in the decision by
providing specific findings and appropriate rationale for each of the functional areas described in
20 C.F.R. § 416.920a(c). Additionally, the ALJ will reassess Plaintiff’s physical and mental
Residual Functional Capacity pursuant to 20 C.F.R. § 416.945 and SSRs 85-15, 85-16, and 968p, and consider and weigh all medical opinions pursuant to 20 C.F.R. § 416.927(c).

Therefore, this court hereby reverses the Commissioner’s decision under sentence four
of 42 U.S.C. § 405(g) with a remand of the cause to the Commissioner for further proceedings.
See Shalala v. Schaefer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991). The
clerk of the court will enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil
Procedure.

Signed: November 26, 2013