Holmes v. Commissioner of Social Security

Filing 23

ORDER granting 22 Motion to Remand Pursuant to Sentence Four of 42 U.S.C. 405(g), reversing the decision of the Commissioner and remanding the action to the Commissioner for further administrative proceedings. Signed by Honorable Timothy M Cain on 06/27/2013.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
KIM HOLMES,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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ORDER
Civil Action No. 0:12-cv-3328-TMC-PJG

Upon consideration of Defendant's Motion for Entry of Judgment with Remand Pursuant
to Sentence Four of 42 U.S.C. § 405(g), with consent of the parties and good cause appearing
therefore, the Court hereby REVERSES the Commissioner's decision in this matter under
sentence four of 42 U.S.C. § 405(g), 1 and REMANDS the cause to the Commissioner for further
administrative proceedings.
The Commissioner will remand the case to an Administrative Law Judge (ALJ) for a de
novo hearing to further evaluate the State agency opinions, mental impairments, and residual
functional capacity. If warranted, the ALJ will obtain supplemental vocational expert testimony.
IT IS SO ORDERED.
s/Timothy M. Cain
Timothy M. Cain
United States District Judge
June 27, 2013
Anderson, South Carolina

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The Clerk of the Court will enter a separate judgment pursuant to the Federal Rules of Civil
Procedure, Rule 58.