Jimenez v. Commissioner of the Social Security Administration

Filing 24

ORDER granting 23 Motion to Remand: The Court hereby REVERSES the Commissioner's decision in this matter pursuant to sentence four of 42 U.S.C. § 405(g), and REMANDS the cause to the Defendant for further administrative proceedings. Signed by Honorable R Bryan Harwell on 12/17/2013.(gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
Jamie Jimenez,
Plaintiff,
v.
Carolyn W. Colvin, Acting
Commissioner of Social Security,
Defendant.

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Civil Action No. 5:13-376-RBH

ORDER

The Defendant, Carolyn W. Colvin, Acting Commissioner of Social Security, by her
undersigned attorney, William N. Nettles, United States Attorney for the District of South Carolina,
and Barbara M. Bowens, Assistance United States Attorney for said district, has moved this Court
pursuant to 42 U.S.C. ' 405(g), to enter judgment with an order of reversal with remand of the cause
to the Commissioner for purposes of conducting a de novo hearing. Upon consideration of
Defendant=s Motion for Entry of Judgment with Order of Remand Pursuant to Sentence Four of 42
U.S.C. ' 405(g), the Court hereby REVERSES the Commissioner=s decision in this matter pursuant
to sentence four of 42 U.S.C. ' 405(g), and REMANDS the cause to the Defendant for further
administrative proceedings as set forth below. See Shalala v. Schaefer, 509 U.S. 292 (1993).1
Upon remand by the Court, the Appeals Council will direct that an administrative law judge
(ALJ) further evaluate the Plaintiff’s physical impairment of ovarian cysts and gastroesophageal
reflux; further consider whether the Plaintiff’s impairments, singly or in combination, meet or equal
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The Clerk of the Court will enter a separate judgment pursuant to Fed. R. Civ. P. 58.

one of the listed impairments; further evaluate the Plaintiff’s maximum residual functional capacity,
and in so doing, further evaluate the medical and other opinions of record, explaining the reasons for
the weight given to these opinions; and, if warranted, obtain supplemental vocational expert evidence
to identify the existence of a significant number of jobs that the Plaintiff can perform. The Appeals
Council will recommend that a new decision is issued based on the total record.
AND IT IS SO ORDERED.

s/R. Bryan Harwell
R. Bryan Harwell
United States District Judge
December 17, 2013.