Sowell v. Commissioner of the Social Security Administration

Filing 40

ORDER granting 38 Motion to Remand to the Commissioner for further evaluation under sentence four of 42 U.S.C. § 405(g). Signed by Magistrate Judge Kaymani D West on 9/18/2017.(gnan )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA Walter Thomas Sowell, Jr., Plaintiff, v. Nancy A. Berryhill, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) Civil Action No. 5:16-cv-3919-KDW ORDER The Defendant, Nancy A. Berryhill, 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. 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). 1 See Shalala v. Schaefer, 509 U.S. 292 (1993). IT IS SO ORDERED. September 18, 2017 Florence, South Carolina 1 Kaymani D. West United States Magistrate Judge The clerk of the Court will enter a separate judgment pursuant to the Federal Rules of Civil Procedure, Rule 58.

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