Simon v. Commissioner of Social Security Administration
ORDER granting 17 Motion to Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g). Signed by Honorable Joseph F. Anderson, Jr. on 06/19/2014.(bshr, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Nekia Shantal Simon,
Carolyn W. Colvin, Commissioner
of Social Security,
C/A No. 0:13-1707-JFA-PJG
Upon consideration of Defendant’s Motion for Entry of Judgment with Remand
Pursuant to Sentence Four of 42 U.S.C. § 405(g), the Court hereby reverses the
Commissioner’s decision in this matter under sentence four of 42 U.S.C. § 405(g), and
remands the cause to the Commissioner for further administrative proceedings.
Plaintiff submitted new evidence to this Court showing that she had changed her
address and appointed representative in November 2012. For reasons unknown, this
information was not received into the Social Security electronic file. Based on this error,
the Order of Dismissal (for failure to appear at the administrative hearing), and notice
denying request for review were sent to the wrong address, and Plaintiff’s representative
received no notification of these Social Security administrative proceedings.
Accordingly, on order of the Court, the agency’s Appeals Council will remand the
case to an Administrative Law Judge with instructions to develop the record to determine
if Plaintiff had good cause for failing to appear at her administrative hearing.
IT IS SO ORDERED.
June 19, 2014
Columbia, South Carolina
Joseph F. Anderson, Jr.
United States District Judge
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