Boykin v. Commissioner of Social Security Administration

Filing 12

ORDER granting 11 Motion to Remand, reversing the decision of the Commissioner pursuant to sentence four of of 42 U.S.C. 405(g) and remanding the action for further evaluation. Signed by Honorable Timothy M Cain on 11/30/2018.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Dorine Boykin,
Plaintiff,
v.
Nancy A. Berryhill,
Acting Commissioner of Social Security,
Defendant.

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Civil Action No. 0:18-01288-TMC-PJG

ORDER

The Defendant, Nancy A. Berryhill, Acting Commissioner of Social Security, pursuant to
42 U.S.C. ' 405(g), has moved to remand this case for further administrative proceedings. (ECF
No. 11). The Plaintiff consents to the remand. Id. at 2. The Commissioner states that, on
remand, the Appeals Council is to affirm the finding of disability as of May 31, 2017. (ECF No.
11-1 at 1). The Commissioner seeks to have the Appeals Council refer Plaintiff’s case to an
administrative law judge for further administrative development for the period prior to May 31,
2017. Id.
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

ORDERS that the Defendant’s motion is granted and this action is REMANDED to the
Commissioner for further evaluation pursuant to sentence four of 42 U.S.C. ' 405(g). 1 See
Shalala v. Schaefer, 509 U.S. 292 (1993).
AND IT IS SO ORDERED.

November 30, 2018
Anderson, South Carolina

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s/Timothy M. Cain
United States District Judge

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