Walters v. Social Security Administration
Filing
21
OPINION AND ORDER by Magistrate Judge Steven P. Shreder GRANTING 20 Defendant's Unopposed Motion to Reverse and Remand for Further Administrative Proceedings Pursuant to Sentence Four. (ndd, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
JAMES ORVILLE WALTERS,
Plaintiff,
vs.
CAROLYN W. COLVIN,
Acting Commissioner,
Social Security Administration,
Defendant.
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Civil No. CIV-14-370-SPS
OPINION AND ORDER
Defendant, the Acting Commissioner of Social Security (Commissioner), by and through
her counsel, has filed an unopposed motion with this Court, pursuant to 42 U.S.C. § 405(g), to
enter a judgment with an order of reversal with remand of the case to the Commissioner for
further administrative proceedings. On order of the Court, the Social Security Administration’s
Appeals Council will vacate the administrative law judge’s (ALJ’s) decision and instruct the ALJ
to conduct a de novo review. In particular, the ALJ will be instructed to:
develop the record with a psychiatric consultative examination;
consider the evidence submitted with Plaintiff’s request for review by the Appeals
Council;
give further consideration to Plaintiff’s mental impairments using the special
technique;
reassess Plaintiff’s residual functional capacity; and
obtain evidence from a vocational expert, if necessary.
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 42 U.S.C. § 405(g), and in light of the Commissioner’s request for remand of this action
for further proceedings, this Court hereby REVERSES the Commissioner’s decision under
sentence four of 42 U.S.C. § 405(g) with a REMAND to the Commissioner for further
administrative proceedings as set forth above. See Shalala v. Schaefer, 509 U.S. 292 (1993).
IT IS SO ORDERED this 19TH day of March, 2015.
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