Thomas v. Commissioner of the Social Security Administration

Filing 32

ORDER granting 31 Motion to Remand: The court REVERSES the Commissioner's decision under sentence four of 42 U.S.C. Section 405(g), and REMANDS the cause to the Commissioner. Signed by Magistrate Judge Kaymani D West on 9/20/2013.(gnan )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA

Joseph Thomas,
Plaintiff,
v.
Carolyn W. Colvin, Acting
Commissioner of Social Security,
Defendant.

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ORDER
Upon consideration of Defendant's Motion for Entry of Judgment with Remand Pursuant to
Sentence Four of 42 U.S.C. ' 405(g), ECF No. 31, with consent of the parties and good cause
appearing therefore, the court hereby GRANTS the Motion, 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 a de novo hearing and further administrative proceedings.
Upon remand, the Appeals Council will direct the Administrative Law Judge (ALJ) to give
the Plaintiff an opportunity for a new hearing, to further develop the record and issue a new decision.
Upon remand, the Appeals Council will direct the ALJ to reevaluate whether the claimant can
perform his past relevant work as a procurement forester, as it was actually or generally performed.
If warranted the ALJ will also be directed to obtain vocational expert testimony to consider whether
the Plaintiff can perform other jobs that exist in the national economy.

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

IT IS SO ORDERED.

September 20, 2013
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge

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