Haynes v. Commissioner of the Social Security Administration
ORDER granting 28 Motion to Remand. The Court hereby REVERSES the Commissioner's decision in this matter under sentence four of 42 U.S.C. Section 405(g), and REMANDS the cause to the Commissioner for further administrative proceedings. Signed by Honorable David C Norton on 7/19/2017.(gnan )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Patricia A. Haynes,
Carolyn W. Colvin, Acting
Commissioner of Social Security,
) Civil Action No. 4:16-3476-DCN-TER
Upon consideration of Defendant's Motion for Entry of Judgment with Remand
Pursuant to Sentence Four of 42 U.S.C. ' 405(g), with consent of the parties and good
cause appearing therefore, the Court hereby REVERSES the Commissioner's decision in
this matter under sentence four of 42 U.S.C. ' 405(g),
and REMANDS the cause to the
Commissioner for further administrative proceedings.
The ALJ’s decision did not reflect adequate consideration of Plaintiff’s 90%
disability rating made by the Department of Veterans Affairs (VA).
warranted for a re-evaluation of the record, with due consideration given to the VA’s
Accordingly, the agency’s Appeals Council will remand the case to an ALJ with
instructions to update the record and offer Plaintiff a new hearing. The ALJ will also be
The Clerk of the Court will enter a separate judgment pursuant to the Federal
Rules of Civil Procedure, Rule 58.
instructed to give further consideration to the VA disability determination pursuant to the
provisions of 20 C.F.R. § 404.1512(b)(5), Social Security Ruling 06-03p, and Social
Security Administrative Message 14009, explaining the weight given to this opinion
evidence. The ALJ will reassess Plaintiff’s residual functional capacity, and if warranted
by the expanded record, obtain supplemental evidence from a vocational expert to clarify
the effect of the assessed limitations on Plaintiff’s occupational base. The ALJ will
proceed through the sequential evaluation process and issue a new decision.
IT IS SO ORDERED.
David C. Norton
United States District Judge
July 19, 2017
Florence, South Carolina
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?