Clark v. Commissioner of Social Security Administration
Filing
19
ORDER granting 18 Motion to Remand Pursuant to Sentence Four 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 01/30/2014.(bshr, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
Delores Clark,
Plaintiff,
vs.
Carolyn W. Colvin, Acting
Commissioner of Social Security,
Defendant.
)
)
)
)
)
)
)
)
)
)
C/A No.: 1:13-1444-JFA-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,
Daniel W. Mayes, consents to the motion. Id.
By order of the court, this case is remanded to the Appeals Council. The Appeals
Council will direct the Administrative Law Judge to further evaluate Plaintiff’s maximum
residual functional capacity, providing appropriate rationale with specific references to
evidence of record in support of the assessed limitations pursuant to 20 C.F.R. §
404.1545; to further evaluate Plaintiff’s subjective complaints, providing rationale in
accordance with 20 C.F.R. § 404.1529 and Social Security Ruling 96-7p; and, if
appropriate, further evaluate whether there are jobs existing in significant numbers in the
national economy that Plaintiff can perform.
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. See
Shalala v. Schaefer, 509 U.S. 292 (1993). The Clerk of Court is directed to enter a
separate judgment pursuant to the Fed. R. Civ. P. 58.
IT IS SO ORDERED.
January 30, 2014
Columbia, South Carolina
Shiva V. Hodges
United States Magistrate Judge
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?