Funderburg v. Commissioner of Social Security Administration

Filing 17

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 for further administrative proceedings. Signed by Magistrate Judge Shiva V. Hodges on 01/07/2021.(bshr, )

1:20-cv-01704-SVH

Date Filed 01/07/21

Entry Number 17

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Jodel Funderburg,
Plaintiff,
vs.
Andrew M. Saul,
Commissioner of Social Security
Administration,
Defendant.

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C/A No.: 1:20-1704-SVH

ORDER

Defendant Andrew M. Saul, Commissioner of the Social Security
Administration (“Commissioner”), by his attorneys, Peter M. McCoy, Jr.,
United States Attorney for the District of South Carolina, 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 case to the Commissioner for further
administrative proceedings. [ECF No. 16]. The movant represents that
Plaintiff’s counsel, Timothy Allen Clardy, consents to the motion. Id. at 2.
By order of the court, this case is remanded to the Appeals Council. The
Appeals Council will direct the Administrative Law Judge to reevaluate the
medical source opinions pursuant to the applicable regulations; obtain
supplemental testimony from a vocational expert (“VE”), resolving any
conflicts between the VE’s testimony and the Dictionary of Occupational

1:20-cv-01704-SVH

Date Filed 01/07/21

Entry Number 17

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Titles and the Selected Characteristics of Occupations; provide Plaintiff an
opportunity for a new hearing; and 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.
January 7, 2021
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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