Kirksey v. Commissioner of Social Security Administration

Filing 16

ORDER granting 15 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 Richard M. Gergel on 12/10/2014.(bshr, )

UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

ROCK HILL DIVISION

lAMES MICHAEL KIRKSEY,

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Civil Action No. 0: 14-cv-1248-RMG

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Plaintiff,

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v.

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CAROLYN W. COLVIN,
Acting Commissioner of Social Security,

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Defendant.

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ORDER

The Defendant, Carolyn W. Colvin, Commissioner of Social Security, has moved this
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 purposes of conducting a de novo hearing.
Further administrative action is warranted in this case.

On order of the Court, the

agency's Appeals Council will remand the case to an ALl with instructions to give the Plaintiff
an opportunity for a new hearing, take any steps necessary to complete the administrative record,
and issue a new decision. The ALl will arrange for a new consultative psychological evaluation,
and if necessary, obtain evidence from a medical expert.

The ALl will give further

consideration to the nature and severity of the Plaintiff s impairments at steps two and three and,
if necessary, to the Plaintiffs residual functional capacity and ability to perform his past work or
other work at steps four and five.
Pursuant to the power of this Court to enter a judgment affirming, modifying, or reversing
the 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, this 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.l See
Shalala v. Schaefer, 509 U.S. 292 (1993).

AND IT IS SO ORDERED.

December

ID

2014

Charleston, South Carolina

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