Blackmon v. Commissioner of Social Security Administration

Filing 13

ORDER granting 11 MOTION to Remand pursuant to the fourth sentence of 42 U.S.C. § 405(g). Signed by Honorable Cameron McGowan Currie on 08/24/2015.(bshr, )

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UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION ROBERTA BLACKMON, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) Civil Action No. 0:15-cv-316-CMC-PJG 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 remand, the Appeals Council will instruct the Administrative Law Judge (ALJ) to further evaluate Plaintiff’s maximum residual functional capacity. 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.1 See Shalala v. Schaefer, 509 U.S. 292 (1993). AND IT IS SO ORDERED. s/ Cameron McGowan Currie Cameron McGowan Currie Senior United States District Judge Columbia, South Carolina August 24, 2015 1 The clerk of the Court will enter a separate judgment pursuant to the Federal Rules of Civil Procedure, Rule 58.

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