Ellenburg v. Commissioner of Social Security Administration

Filing 13

ORDER granting 12 MOTION to Remand pursuant to the fourth sentence of 42 U.S.C. § 405(g). Signed by Magistrate Judge Shiva V. Hodges on 04/21/2017.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
Miriam Ellenburg,
Plaintiff,
vs.
Nancy A. Berryhill, Acting
Commissioner of Social Security
Administration,
Defendant.

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C/A No.: 1:16-3120-BHH-SVH

ORDER

Defendant, Nancy A. Berryhill, Acting Commissioner of the Social Security
Administration (“Commissioner”), by her attorneys, Beth Drake, 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. 12]. 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”) to further develop of the
record and to reevaluate Plaintiff’s disability claim.
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.

April 21, 2017
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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