Repique v. Commissioner of Social Security Administration

Filing 19

ORDER granting 18 Motion to Remand Pursuant to Sentence 4 of 42 U.S.C. 405(g), reversing the decision of the Commissioner and remanding the action for further administrative proceedings. Signed by Magistrate Judge Shiva V. Hodges on 12/12/2013.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
Phillip Wayne Repique III,
Plaintiff,
vs.
Carolyn W. Colvin, Acting
Commissioner of Social Security,
Defendant.

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C/A No.: 1:13-891-DCN-SVH

ORDER

The Defendant, Carolyn W. Colvin, Acting Commissioner of Social Security

(“Commissioner”), by her attorneys, William N. Nettles, United States Attorney for the
District of South Carolina, and Barbara M. Bowens, Assistant United States Attorney for
said district, 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. [Entry #18]. The motion represents that Plaintiff’s counsel,
Beatrice E. Whitten, consents to the motion. Id.
By order of the court, this case will be remanded to the Appeals Council. The
Appeals Council will direct the Administrative Law Judge to provide Plaintiff with an
opportunity to submit additional evidence; further evaluate Plaintiff’s subjective
complaints considering the factors set out in Social Security Ruling 96-7p, with particular
consideration given to Plaintiff’s alleged inability to afford treatment; reconsider
Plaintiff’s residual functional capacity, if warranted; seek supplemental vocational expert
testimony, if warranted, to determine whether there are a significant number of jobs in the

national economy that Plaintiff can perform; give Plaintiff an opportunity for a hearing;
and issue a new decision.
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 out above.1 See Shalala v. Schaefer, 509 U.S. 292 (1993).
IT IS SO ORDERED.

December 12, 2013
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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

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