Thao v. Commissioner of Social Security Administration
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, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Carolyn W. Colvin, Acting
Commissioner of Social Security,
C/A No.: 1:15-178-DCN-SVH
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
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