Fedor v. Commissioner of the Social Security Administration

Filing 20

ORDER granting 19 Motion to Remand. Signed by Honorable Terry L Wooten on 12/10/09.(sste ) Modified on 12/11/2009 to correct file date (sste ).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION GARY FEDOR, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) Civil Action No. 4:09-857-TLW-TER ) ) ) ) ) ORDER Upon consideration of Defendant's Motion for Entry of Judgment with Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g), and good cause appearing therefor, the Court hereby REVERSES the Commissioner's decision in this matter under sentence four of 42 U.S.C. § 405(g),1 and REMANDS the cause to the Commissioner for further administrative proceedings. Upon remand, the Commissioner will assign this case to an administrative law judge (ALJ) to hold a supplemental hearing and issue a new decision. The ALJ will reevaluate Plaintiff's anxiety and mild mental retardation in accordance with 20 C.F.R. §§ 404.1520a(c) and 416.920a(c); reconsider Plaintiff allegations of illiteracy; redetermine Plaintiff's residual functional capacity; and obtain vocational expert testimony to determine whether jobs exist that Plaintiff can perform. IT IS SO ORDERED. s/ Terry L. Wooten Terry L. Wooten United States District Judge

December 10, 2009 Florence, 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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