Carson v. Commissioner of Social Security Administration

Filing 43

ORDER granting 42 Motion to Remand Pursuant to Sentence Four of 42 U.S.C. 405(g). Signed by Honorable Richard M Gergel on 06/18/2013.(bshr, )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Joyce A. Carson,
Plaintiff,
vs.
Carolyn W. Colvin, Acting Commissioner
of Social Security,
Defendant.

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Civil Action No. 0: ll-2625-RMG

ORDER

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This matter arises out of an appeal of an adverse decision of the Commissioner of Social
Security finding that Plaintiff was ineligible to receive Supplemental Security Income for the
period November 2006 through April 2008 because she allegedly exceeded the resource limit
during this period. The Commissioner further found that Plaintiff owed funds to the Social
Security Administration because the payments made during this disputed period resulted in an
overpayment to her. Plaintiff has brought this appeal pro se challenging the decision of the
Commissioner.
Defendant has moved before the Court requesting that the Court reverse the prior
administrative decision and remand the matter to the agency because the findings and
conclusions reached by the Administrative Law Judge appear to be in error. (Dkt. No. 42).
Defendant has indicated that on remand Plaintiff will be reimbursed for any benefits withheld
during the November 2006 through April 2008 and the agency will determine if Plaintiff may be
eligible for additional payments during the period July 2008 through April 2010. (Dkt. No. 42­
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I).
Based upon the admissions of the Defendant in this motion for remand, the Court finds
that reversal of the prior decision of the Commissioner and remand to the Social Security
Administration are appropriate and necessary. Therefore, the Court reverses the prior decision of
the Commissioner and remands the matter to the Social Security Administration for further
action consistent with this order.
AND IT IS SO ORDERED.

Richard Mark Gergel
United States District Judge
Charl~P\on,

June

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South Carolina
2013

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