Harris v. Commissioner of Social Security Administration

Filing 16

ORDER granting 15 MOTION to Remand. This action is remanded for further administrative action pursuant to the fourth sentence of 42 U.S.C. § 405(g). Signed by Magistrate Judge Shiva V Hodges on 10/16/2017. (mwal)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA AIKEN DIVISION Teresa Annette Harris, Plaintiff, vs. Nancy A. Berryhill, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) C/A No.: 1:17-303-RMG-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. 15]. The movant represents that Plaintiff’s counsel, Beatrice E. Whitten, 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 to hold a new hearing; to further evaluate the severity of Plaintiff’s impairments and her residual functional capacity; and to obtain vocational testimony. 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. October 16, 2017 Columbia, South Carolina Shiva V. Hodges United States Magistrate Judge 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?