Royce v. Commissioner of Social Security Administration
ORDER granting 15 Consent MOTION to Remand under Sentence Four of 42 U.S.C. 405(g). Signed by Honorable Bruce Howe Hendricks on 07/26/2017.(bshr, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Robinson Dane Royce,
) Civil Action No.: 1:16-cv-3612-BHH
NANCY A. BERRYHILL1,
Acting Commissioner of Social Security,
Defendant, Nancy A. Berryhill, Acting Commissioner of Social Security moves pursuant to
sentence four of 42 U.S.C. § 405(g) for an order of reversal with remand of the cause to the
Commissioner for further administrative proceedings. See Shalala v. Schaefer, 509 U.S. 292 (1993).
Plaintiff does not oppose Defendant’s motion. Upon consideration, Defendant’s motion (ECF No.
15) is GRANTED. The Court hereby REVERSES the Commissioner's decision in this matter under
sentence four of 42 U.S.C. § 405(g)2, and REMANDS the case to the Commissioner for further
On remand, the ALJ should specifically: (1) evaluate the record regarding Plaintiff’s
functional limitations and vocational history, including obtaining testimony from a vocational expert,
if necessary; and (2) issue a new decision.
IT IS SO ORDERED.
/s/ Bruce Howe Hendricks
United States District Judge
July 26, 2017
Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of
the Federal Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting Commissioner
Carolyn W. Colvin as the defendant in this suit. No further action needs to be taken to continue this suit by
reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).
The Clerk of Court will enter a separate judgment pursuant to the Federal Rules of Civil Procedure,
Greenville, South Carolina
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