Thao v. Commissioner of Social Security Administration

Filing 14

ORDER granting 13 MOTION to Remand Pursuant to Sentence Four of 42 U.S.C. Section 405(g). Signed by Magistrate Judge Shiva V. Hodges on 09/09/2015.(bshr, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA AIKEN DIVISION Eva Thao, Plaintiff, vs. Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant.   ) ) ) ) ) ) ) ) ) ) ) C/A No.: 1:15-178-DCN-SVH ORDER Defendant, Carolyn W. Colvin, Acting Commissioner of the Social Security Administration (“Commissioner”), by her attorneys, William N. Nettles, United States Attorney for the District of South Carolina, and Marshall Prince, 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. [ECF No. 13]. The movant represents that Plaintiff’s counsel, Paul T. McChesney, 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 (“ALJ”) to obtain additional testimony from a vocational expert. Based on the updated record, the ALJ will be further instructed to issue a new decision, which conclusively determines at step four whether Plaintiff is capable of engaging in her past relevant work. 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. September 9, 2015 Columbia, South Carolina Shiva V. Hodges United States Magistrate Judge       2

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