Tucker v. Commissioner of Social Security
Filing
84
ORDER denying Plaintiff's 81 motion to reopen the case. Signed by Honorable Margaret B. Seymour on 1/30/2018. (bgoo)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Alphonso Tucker,
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)
Plaintiff,
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vs.
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Nancy A. Berryhill, Acting Commissioner )
of Social Security,
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Defendant.
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____________________________________)
C/A No. 0:15-2798-MBS
ORDER
Plaintiff Alphonso Tucker, proceeding pro se and in forma pauperis, filed a complaint on July
16, 2015, seeking judicial review of a final decision of Defendant Acting Commissioner of Social
Security denying Plaintiff’s claims for disability insurance benefits and retroactive supplemental
security income benefits. By order filed November 15, 2016, the court dismissed the case for lack
of subject matter jurisdiction. Plaintiff filed a notice of appeal on December 2, 2016. On June 27,
2017, the Court of Appeals for the Fourth Circuit remanded the case with instructions to enter a final
judgment reversing the decision of the Administrative Law Judge (ALJ) and remanding the case to
the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative
proceedings on the issue of res judicata. On August 9, 2017, the court vacated its November 15,
2016, judgment, reversed the decision of the ALJ, and remanded the case to the Commissioner for
further administrative proceedings.
This matter now is before the court on motion to reopen the case filed by Plaintiff on
November 17, 2017. Although it is not clear, it appears Plaintiff contends the ALJ has not held
further administrative proceedings as directed by the Fourth Circuit and this court.
Once a social security case is remanded to the Commission under sentence four, the court
enters a final judgment and then loses jurisdiction. See Goodshield v. Covin, Civil Action No. 8:141809-MGL-JDA, 2015 WL 5009243, *5 (D.S.C. Aug. 19, 2015). Thus, the court is without
authority to compel the ALJ to act. Accordingly, Plaintiff’s motion to reopen case is denied.
IT IS SO ORDERED.
/s/ Margaret B. Seymour
Senior United States District Judge
Columbia, South Carolina
January 30, 2018
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