Tumbleston v. Commissioner of Social Security Administration

Filing 18

ORDER granting 17 Motion to Remand Pursuant to Sentence Four of 42 U.S.C. 405(g), reversing the decision of the Commissioner and remanding the action for further administrative proceedings. Signed by Honorable Cameron McGowan Currie on 09/10/2013.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Bobbie J. Tumbleston, Jr.,

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Plaintiff,
v.
Carolyn W. Colvin,
Acting Commissioner of Social Security,
Defendant.

Civil Action No. 0:13-cv-00152-CMC-PJG

ORDER
The Defendant, Carolyn W. Colvin, Acting Commissioner of Social Security, by her
attorneys, William N. Nettles, United States Attorney for the District of South Carolina, and Barbara
M. Bowens, Assistant United States Attorney, has moved the court, pursuant to 42 U.S.C. § 405(g),
to enter a judgment with an order of reversal with remand of the cause to the Commissioner for
further administrative proceedings.
On order of the court, this case will be remanded to the Appeals Council. The Appeals
Council will remand the case to an Administrative Law Judge with instructions upon remand to:
further evaluate Plaintiff’s medically determinable impairments and determine which, if any,
constitute severe impairments; further evaluate Plaintiff’s subjective complaints; clarify Plaintiff’s
residual functional capacity; and obtain vocational expert testimony to clarify the effect of the
assessed limitations on Plaintiff’s occupational base.
Pursuant to the power of the court to enter a judgment affirming, modifying, or reversing the
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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, and without opposition by Plaintiff, the court hereby
REVERSES the Commissioner’s decision under sentence four of 42 U.S.C. § 405(g) with
a REMAND of the cause to the Commissioner for further administrative proceedings as set out
above.1 See Shalala v. Schaefer, 509 U.S. 292 (1993).
AND IT IS SO ORDERED.

S/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
UNITED STATES DISTRICT JUDGE
Columbia, South Carolina
September 10, 2013

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Rule 58.

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