Brown v. Commissioner of Social Security Administration

Filing 23

ORDER granting 22 Motion to Remand, reversing the decision of the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) and remanding the action for further administrative proceedings. Signed by Magistrate Judge Shiva V. Hodges on 08/10/2016.(bshr, )

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

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C/A No.: 1:15-4349-JMC-SVH

ORDER

Defendant, Carolyn W. Colvin, Acting Commissioner of the Social Security
Administration (“Commissioner”), by her attorneys, Beth Drake, Acting United States
Attorney, and Marshall Prince, 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. 22]. The movant represents that Plaintiff’s counsel,
Paul 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”) for further evaluation and, if
necessary, a new administrative hearing. 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.

August 10, 2016
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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