Billings v. Colvin

Filing 15

ORDER granting 13 Motion to Remand to Social Security Administration.The clerk will enter a separate judgment.. Signed by District Judge Richard Voorhees on 12/19/13. (smj)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
Civil Action No. 5:13CV57-RLV
ROY E. BILLINGS,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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ORDER

Defendant, Carolyn W. Colvin, Acting Commissioner of the Social Security
Administration, has moved this Court, pursuant to sentence four of 42 U.S.C. § 405(g), to enter a
judgment reversing her decision with a remand of the cause for further administrative
proceedings.
Upon remand, the Appeals Council will direct the Administrative Law Judge to (i) offer

Plaintiff an opportunity to submit additional evidence; (ii) reconsider the claimant’s residual
functional capacity and, in so doing, further evaluate the opinion evidence from “other sources”
pursuant to Social Security Ruling 06-3p; (iii) seek supplemental vocational expert testimony, if
warranted, to determine whether there are a significant number of jobs in the national economy
that the claimant can perform; (iv) evaluate the additional evidence submitted to the Appeals
Council; (v) give the claimant an opportunity for a hearing; and (vi) issue a new decision.
Pursuant to the power of this Court to enter a judgment reversing the Commissioner’s
decision with remand in Social Security actions under sentence four of 42 U.S.C. § 405(g), 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

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. As there remains no
justiciable dispute pending between the parties, upon the Clerk’s entry of judgment, the Court’s
jurisdiction over this case shall terminate except for purposes of consideration and determination
of motions for attorneys fees, including any motion for such fees under the Equal Access to
Justice Act (EAJA). The plaintiff shall have thirty (30) days from final judgment in which to file
any motion for attorneys fees under EAJA in this matter.

Signed: December 19, 2013