Smith v. Commissioner of Social Security Administration
Filing
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ORDER granting 14 Motion for Entry of Judgment with Order of Remand. Signed by Magistrate Judge Shiva V. Hodges on 02/20/2018.(bshr, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
Ginger Smith,
Plaintiff,
vs.
Nancy A. Berryhill, Acting
Commissioner of Social Security,
Defendant.
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C/A No.: 1:17-1316-RBH-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. 14]. The movant represents that Plaintiff’s counsel, Paul Townsend
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 to further evaluate
and develop the record; to allow Plaintiff to submit additional evidence; and
to issue a new decision.
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.
February 20, 2018
Columbia, South Carolina
Shiva V. Hodges
United States Magistrate Judge
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