Pina-Santiago v. Colvin et al

Filing 16

OPINION AND ORDER - re 15 MOTION to Remand Pursuant to the Fourth Sentence of 42 USC § 405(g) filed by Commissioner of Social Security. Signed by US Magistrate Judge Camille L. Velez-Rive on 5/11/15.(ljt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
LUIS E. PIÑA SANTIAGO,
Plaintiff,
v.

CIVIL NO. 14-1731 (CVR)

CAROLYN W. COLVIN, ACTING
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

OPINION AND ORDER
This action was initiated under the Social Security Act to obtain judicial review of the
final decision of Defendant Carolyn Colvin, the Acting Commissioner of Social Security,
denying Plaintiff Luis Piña Santiago’s claim for disability benefits (Docket No. 1). Before
the Court is Defendant’s unopposed Motion to Remand pursuant to sentence four of Title
42 U.S.C. § 405(g). (Docket No. 15).
Sentence four of section 405(g) states that the 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.” 42 U.S.C. § 405(g). In the instant case, the Commissioner states that
remand is appropriate to enable an Administrative Law Judge to:
a)

further evaluate the medical opinions of record, including treating, examining
and State Agency opinions in accordance with 20 C.F.R. §§ 404.1527,
416.927;

b)

further evaluate Plaintiff’s mental impairments in accordance with 20
C.F.R.§§ 404.1520a, 416.920a;

Luis E. Piña Santiago v. Carolyn W. Colvin, Acting Commissioner of Social Security
Civil No. 14-1731 (CVR)
Opinion and Order
Page 2

c)

obtain vocational expert testimony to reassess Plaintiff’s ability to perform
other work in the national economy considering his inability to communicate
in English and his illiterate status. See 20 CFR §§ 404.1560(c), 416.960(c),
404.1561, 416.961, 404.1563-404.1569a, 416.963-416.969a.

Based upon the foregoing, the Court concludes that good cause has been shown for
remand.
Accordingly, Defendant’s Motion to Remand (Docket No. 15) is GRANTED and this
case is REMANDED to the Commissioner of Social Security pursuant to sentence four of
42 U.S.C. § 405(g) for further proceedings.
Judgment is to be entered accordingly.
IT IS SO ORDERED.
In San Juan, Puerto Rico, on this 11th day of May, 2015.
S/CAMILLE L. VELEZ-RIVE
CAMILLE L. VELEZ RIVE
UNITED STATES MAGISTRATE JUDGE