Boulware v. Commissioner of the Social Securit Administration

Filing 25

ORDER granting 22 Motion to Remand. 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. Signed by Honorable R Bryan Harwell on 7/29/2014.(gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Cathie Cooler Boulware,
Plaintiff.
v.
Carolyn W. Colvin, Acting Commissioner
of Social Security Administration,
Defendant.

)
)
)
)
)
)
)
)
)
)

Civil Action No. 4:13-cv-3597-RBH

ORDER
The Defendant, Carolyn W. Colvin, Acting Commissioner of Social Security, by her
attorneys, William N. Nettles, United States Attorney for the District of South Carolina, and
Barbara M. Bowens, 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.

On remand,

the Appeals Council will direct the Administrative Law Judge to give further consideration to the
State agency psychologists’ opinions (Exhibits 14F and 19F) and, in so doing, explain the weight
given to these opinions (SSR 96-6p); re-evaluate the Plaintiff’s maximum residual functional
capacity, considering all of the evidence and opinions in the record; re-evaluate the Plaintiff’s past
relevant work at Step 4 and obtain vocational evidence as to whether the Plaintiff can return to her
past work or if there is other work in the national economy the Plaintiff can perform.
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

1

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).

AND IT IS SO ORDERED.
s/R. Bryan Harwell
R. Bryan Harwell
United States District Judge
July 30, 2014
Florence, South Carolina.

1

The clerk of the Court will enter a separate judgment pursuant to the Federal Rules of
Civil Procedure, Rule 58.
2