Middleton v. Commissioner Social Security Administration

Filing 28

ORDER granting 27 Motion to Remand Pursuant to Sentence Four of 42 U.S.C. 405(g). Signed by Magistrate Judge Joseph R McCrorey on 12/17/2013.(bshr, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Jacqueline E. Middleton, Plaintiff, v. Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) Civil Action No. 3:12-3230-DCN-JRM ORDER The Defendant, Acting Commissioner of Social Security Carolyn W. Colvin, moves 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. Upon remand, the Appeals Council will direct the Administrative Law Judge (ALJ) to re-evaluate all of the medical evidence of record and re-contact the Plaintiff’s physician, Dr. Fisher, to clarify how long the Plaintiff was required to rest and take breaks in an eight hour day; reassess the Plaintiff’s residual functional capacity prior to the expiration of date last incurred; and obtain supplemental vocational expert 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 with consent of the Plaintiff, this Court hereby REVERSES the Commissioner=s decision under sentence four of 42 U.S.C. ' 405(g) with a REMAND of the case to the Commissioner for further administrative proceedings as discussed above. 1 See Shalala v. Schaefer, 509 U.S. 292 (1993). AND IT IS SO ORDERED. ______________________________ Joseph R. McCrorey United States Magistrate Judge December 17, 2013 Columbia, South Carolina 1 The Clerk of Court will enter a separate judgment pursuant to the Federal Rules of Civil Procedure, Rule 58.

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