McMurray v. Astrue

Filing 27

ORDER RULING ON REPORT AND RECOMMENDATION GRANTING 26 Motion to Remand, filed by Michael J Astrue. Signed by Honorable Mary G Lewis on 3/11/13. (jsmi, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION Gerald McMurray, ) Civil Action No.: 6:12-1922-MGL ) Plaintiff, ) ) v. ) ORDER ) Carolyn W. Colvin, Acting Commission of ) Social Security ) ) Defendant. ) _______________________________________ ) Defendant, Carolyn W. Colvin, Acting Commissioner of Social Security moves pursuant to sentence four of 42 U.S.C. § 405(g) for an order of reversal with remand of the cause to the Commissioner for further administrative proceedings. See Shalala v. Schaefer, 509 U.S. 292 (1993). Plaintiff does not oppose Defendant’s motion. Upon consideration, Defendant’s motion is GRANTED. This matter is remanded to the Administrative Law Judge for a de novo hearing and a new decision. On remand, the ALJ should specifically: (1) evaluate and give good reasons for the weight given to all medical source opinions regarding Plaintiff's work-related limitations; (2) redetermine Plaintiff's residual functional capacity; and (3) reevaluate Plaintiff's ability to do work that exists in significant numbers in the national economy, obtaining vocational expert testimony if appropriate. AND IT IS SO ORDERED. /s/ Mary G. Lewis United States District Judge March 11, 2013 Spartanburg, South Carolina

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