Koontz v. Commissioner of the Social Security Administration

Filing 21

ORDER granting 20 Motion to Remand to the Commissioner for further evaluation under sentence four of 42 U.S.C.§ 405(g). Signed by Honorable Mary Geiger Lewis on 2/6/2017.(gnan )

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ORANGEBURG DIVISION DAWN MARIE KOONTZ, Plaintiff, v. NANCY A. BERRYHILL, 1 Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) Civil Action No.: 5:16-cv-1807-MGL-KDW ORDER The Defendant, Nancy A. Berryhill, Acting Commissioner of Social Security, has moved this 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. 20. Plaintiff consents to Defendant’s motion. Id. Pursuant to the power of this 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 Commissioner=s request for remand of this action for further proceedings, this Court hereby ORDERS that the Defendant’s motion is GRANTED, and this action is REMANDED to the Commissioner for further evaluation under sentence four of 42 U.S.C. ' 405(g). The Clerk of Court is directed to enter a final judgment ending this action. See Shalala v. Schaefer, 509 U.S. 292 (1993). AND IT IS SO ORDERED. Signed this 6th day of February 2017. s/Mary Geiger Lewis______________ MARY GEIGER LEWIS UNITED STATES DISTRICT JUDGE Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting Commissioner Carolyn W. Colvin as the defendant in this suit. No further action needs to be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).

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