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)

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.

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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

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