Arthur v. Commissioner of the Social Security Administration

Filing 21

ORDER granting 18 Motion to Remand which 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 Honorable Richard M Gergel on 9/26/2017.(gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
Cynthia Wilburn Arthur,

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Plaintiff,

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v.

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Nancy A. Berryhill, Acting
Commissioner of Social Security,
Defendant.

Civil Action No. 5: 17-cv-355-RMG

ORDER

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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.
On remand, the Acting Commissioner, through the Appeals Council, will refer Plaintiffs
case to an ALJ for further administrative proceedings including, but not limited to, completion of
the administrative record, identifying for Plaintiff all of the evidence to be considered, providing
Plaintiff an opportunity to review and offer any objections to the exhibits entered into evidence,
the opportunity for a new hearing, and a new decision.
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

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. 1 See
Shala/a v. Schaefer, 509 U.S. 292 (1993).
AND IT IS SO ORDERED.

September

1

'l b, 2017.

Richard M. Gergel
United States District Judge

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