Reed v. Commissioner of Social Security Administration

Filing 26

ORDER granting 25 MOTION to Remand pursuant to the fourth sentence of 42 U.S.C. § 405(g). Signed by Magistrate Judge Shiva V. Hodges on 07/14/2016.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
Sheila Marie Reed,
Plaintiff,
vs.
Carolyn W. Colvin, Acting
Commissioner of Social Security,
Defendant.

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C/A No.: 1:15-4301-RMG-SVH

ORDER

Defendant, Carolyn W. Colvin, Acting Commissioner of the Social Security
Administration (“Commissioner”), by her attorneys, Beth Drake, Acting United States
Attorney, and Barbara M. Bowens, Assistant United States Attorney for the District of
South Carolina, 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. 25]. The movant represents that Plaintiff’s counsel,
W. Daniel 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 (“ALJ”) to obtain additional testimony
from a medical expert to clarify the nature, severity, and effects of Plaintiff’s mental
impairments and further evaluate Plaintiff’s residual functional capacity. Based on the
updated record, the ALJ will be further instructed to issue a new decision, which
conclusively determines whether Plaintiff is under a disability, as defined in the Social
Security Act.

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.

July 14, 2016
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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