Devore v. Commissioner of Social Security Administration
ORDER granting 16 Motion to Remand, reversing the decision of the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) and remanding the action to the Commissioner for further administrative proceedings. Signed by Magistrate Judge Shiva V. Hodges on 07/05/2017.(bshr, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
James Ernest Devore,
Nancy A. Berryhill,1 Acting
Commissioner of Social Security,
C/A No.: 1:16-3659-JMC-SVH
Defendant Nancy A. Berryhill, 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. 16]. The movant represents that Plaintiff’s counsel,
Hannah Rogers Metcalfe and Timothy A. Clardy, consent 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 to further evaluate the record.
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
Nancy A. Berryhill became the Acting Commissioner of Social Security on January 23,
2017. Pursuant to Fed. R. Civ. P. 25(d), Nancy A. Berryhill is substituted for Acting
Commissioner Carolyn W. Colvin as the defendant in this lawsuit.
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 5, 2017
Columbia, South Carolina
Shiva V. Hodges
United States Magistrate Judge
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