Griffin v. Commissioner of Social Security Administration

Filing 26

ORDER granting 25 Motion to Remand. The Court 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 forth in the order. Signed by Honorable Margaret B Seymour on 03/02/2011.(jbry, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION FRANCINE GRIFFIN, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) Civil Action No. 2:10-1087-MBS-BHH

ORDER

The Defendant, Michael J. Astrue, Commissioner of Social Security, by his attorneys, William N. Nettles, United States Attorney for the District of South Carolina, and Marshall Prince, Assistant United States Attorney, 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. On order of the Court, this case will be remanded to the Appeals Council. The Appeals Council will direct the ALJ to further consider Plaintiff's impairments in light of the record as a whole, including the evidence submitted to the Appeals Council after the ALJ's decision. Pursuant to the power of this Court to enter a judgment affirming, modifying, or reversing 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.1 See Shalala v. Schaefer, 509 U.S. 292 (1993). IT IS SO ORDERED. /s/ Margaret B. Seymour United States District Judge March 2, 2011 Columbia, South Carolina.

The clerk of the Court will enter a separate judgment pursuant to the Federal Rules of Civil Procedure, Rule 58.
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