Bianco v. Commissioner of the Social Security Administration

Filing 20

ORDER granting 18 Motion to Remand. The Court hereby REVERSES the Commissioner's decision in this matter and REMANDS the cause to the Defendant for further administrative proceedings. Signed by Magistrate Judge Thomas E Rogers, III on 9/25/2012.(gnan )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION LINDA BIANCO, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) Civil Action No. 4:12-cv-0570-GRA-TER ) ) ) ORDER ) ) Upon consideration of Defendant’s Motion for Entry of Judgment with Order of Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) and Plaintiff’s consent to said motion to remand, the Court hereby REVERSES the Commissioner’s decision in this matter and REMANDS the cause to the Defendant for further administrative proceedings as set forth below. See Shalala v. Schaefer, 509 U.S. 292 (1993).1 Upon remand by the Court, the Appeals Council will remand the case to an Administrative Law Judge (ALJ) to hold a de novo hearing and issue a new decision regarding Plaintiff’s eligibility for disability benefits. The Appeals Council will instruct the ALJ to: (1) update the treatment records on the claimant’s alleged impairments; (2) evaluate the claimant’s alleged mental impairments pursuant to the special technique; (3) evaluate the medical opinions, including the assessments of the State agency consultants, and give weight to each opinion; (4) further consider the residual functional capacity on the updated record, providing the rationale for the assessed limitations; (5) further consider the credibility of the claimant’s allegations; (6) further consider whether the claimant has past relevant work she is capable of performing; and (7) as appropriate, 1 The Clerk of the Court will enter a separate judgment pursuant to Fed. R. Civ. P. 58. secure supplemental evidence from a vocational expert to clarify the effect of the assessed limitations on the claimant’s occupational base. AND IT IS SO ORDERED. s/Thomas E. Rogers, III Thomas E. Rogers, III United States Magistrate Judge September 25, 2012. Florence, South Carolina.

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