Goodwin v. Commissioner of the Social Security Administration

Filing 28

ORDER granting 27 Motion to Remand: The 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 Magistrate Judge Kaymani D West on 7/2/2013.(gnan )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
ELVIS DWIGHT GOODWIN,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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C/A No. 5:12-3222-RMG-KDW

ORDER
Defendant,

Carolyn

W.

Colvin,

Acting

Commissioner

of

Social

Security

(“Commissioner”), has moved the 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. ECF No. 27. The court is advised that Plaintiff, through counsel, has consented to
this Motion for Remand. See id. The Motion to Remand, ECF No. 27, is hereby granted.
On order of the court, the agency’s Appeals Council will remand the case to an
Administrative Law Judge (ALJ), who will give Plaintiff the opportunity to submit new evidence
and the opportunity for a new hearing. The ALJ will obtain testimony from a vocational expert,
reassess the opinions expressed by treating physician Dr. Lambert and explain what weight is
afforded to these opinions. Further, the ALJ will consider Plaintiff’s residual functional capacity,
and reevaluate plaintiff’s subjective complaints. The ALJ will then issue a new decision.
Pursuant to the power of the 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 request for remand of this action for further proceedings, the
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 as set out
above.1 See Shalala v. Schaeffer, 509 U.S. 292 (1993).
IT IS SO ORDERED.

July 2, 2013
Florence, South Carolina

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Kaymani D. West
United States Magistrate Judge

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