Dixon v. Commissioner of the Social Security Administration

Filing 25

ORDER granting 24 Motion to Remand. The Court hereby REVERSES the Commissioner's decision under sentence four of 42 U.S.C. § 405(g) and REMANDS the cause to the Commissioner for further administrative proceedings. Signed by Honorable R Bryan Harwell on 11/7/2013.(gnan )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ORANGEBURG DIVISION Gary Dixon, Plaintiff, v. Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) Civil Action No. 5:12-3625-RBH ) ) ) ) ) ORDER 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), 1 and REMANDS the cause to the Commissioner for further administrative proceedings. Upon remand, the Commissioner will remand Plaintiff=s case to an administrative law judge (ALJ). The Appeals Council will direct the ALJ to evaluate: the opinion evidence of record; the Plaintiff’s residual capacity and subjective complaints; and whether the Plaintiff can perform other work. If necessary, the ALJ should obtain vocational expert evidence to assist in the evaluation. 1 The Clerk of the Court will enter a separate judgment pursuant to the Federal Rules of Civil Procedure, Rule 58. -1- IT IS SO ORDERED. s/R. Bryan Harwell R. Bryan Harwell United States District Judge November 7, 2013 -2-

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