Smallwood v. Social Security Administration

Filing 21

ORDER by Magistrate Judge Steven P. Shreder GRANTING 20 Unopposed Motion to Remand by Social Security Administration. (ndd, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
CHARLES J. SMALLWOOD,
Plaintiff,
vs.
NANCY A. BERRYHILL,1
Acting Commissioner of Social
Security,
Defendant.

)
)
)
)
)
)
)
)
)

Civil No. 6:16-cv-00289-SPS

ORDER GRANTING DEFENDANT’S UNOPPOSED MOTION TO
REVERSE AND REMAND PURSUANT TO SENTENCE FOUR
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.
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. See Shalala v. Schaefer, 509 U.S. 292 (1993).

1

Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d)
of the Federal Rules of Civil Procedure, Nancy A. Berryhill is hereby substituted for Acting
Commissioner Carolyn W. Colvin as the defendant in this suit. No further action needs to be
taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security
Act, 42 U.S.C. § 405(g).

IT IS SO ORDERED this 30th day of January, 2017.