Green v. Commissioner of Social Security Administration
ORDER granting 12 MOTION to Remand Pursuant to sentence four of 42 U.S.C. Section 405(g). Signed by Honorable R. Bryan Harwell on 03/23/2015.(bshr, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Jonathan L. Green,
Carolyn W. Colvin, Acting,
Commissioner of Social Security,
) Civil Action No. 0:14-cv-3506-RBH
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 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 further administrative proceedings.
On order of the Court, this case will be remanded to the Appeals Council.
the Commissioner, through the Appeals Council, will refer Plaintiff’s case to an administrative law
judge (ALJ) for further consideration including, but not limited to, reconsideration of the issues at
step one of the sequential evaluation process, further addressing earnings that were posted to
Plaintiff’s certified earnings record for 2011 and clarifying the date on which Plaintiff was last
insured for Title II benefits. Additionally, the ALJ will further evaluate the opinion evidence of
record including the May 16, 2011 (Exhibit 5D) and subsequent rating decision issued by the
Department of Veteran’s Affairs (VA), submitted to the Appeals Council (Exhibit 27F). The ALJ
will provide sufficient rationale for the weight given to the VA’s disability ratings with citations to
the evidence of record in support of the findings reached, pursuant to Social Security Ruling
06-03p and 20 C.F.R. § 404.1527. The ALJ will also conduct a supplemental hearing with
supplemental vocational expert testimony, if warranted, giving Plaintiff the opportunity to appear,
testify, produce witnesses, and submit additional evidence and written and oral statements
concerning the facts and the law in the case.
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 as set
See Shalala v. Schaefer, 509 U.S. 292 (1993).
AND IT IS SO ORDERED.
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
March 23, 2015
Florence, South Carolina
The Clerk of the Court will enter a separate judgment pursuant to the Federal
Rules of Civil Procedure, Rule 58.
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