Wine v. Commissioner of Social Security Administration

Filing 17

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 Bruce Howe Hendricks on 11/04/2014.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Summer Ann Wine,

) Civil Action No.: 0:14-1949-BHH
)
Plaintiff, )
)
v.
)
ORDER
)
Carolyn W. Colvin, Acting Commission of
)
Social Security
)
)
Defendant. )
___________________________________ )
Defendant, Carolyn W. Colvin, Acting Commissioner of Social Security moves
pursuant to sentence four of 42 U.S.C. § 405(g) for this Court to enter judgment with an
order of reversal with remand of the cause to the Commissioner for further administrative
proceedings. See Shalala v. Schaefer, 509 U.S. 292 (1993).

Plaintiff consents to

Defendant’s motion. Upon consideration, Defendant’s motion is GRANTED. 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 case to the Commissioner for further administrative
proceedings.
On remand, the ALJ should specifically consider additional mental health treatment
records that Plaintiff submitted to the Appeals Council after the issuance of the
Administrative Law Judge’s Decision, and issue a new decision.
AND IT IS SO ORDERED.
/s/ Bruce Howe Hendricks
United States District Judge
November 4, 2014
Greenville, South Carolina

1

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