Dixon v. Commissioner of Social Security Administration

Filing 22

ORDER granting 18 Motion to Remand. This court REVERSES the Commissioner's decision under sentence four of 42 U.S.C. § 405(g) with a REMAND of the case to the Commissioner for further administrative proceedings. Signed by Honorable J Michelle Childs on 4/19/2017.(abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
GREGORY CARL DIXON,

)
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Plaintiff,
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v.
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NANCY A. BERRYHILL, Acting
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Commissioner of Social Security,1
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Defendant.
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____________________________________)

Civil Action No. 6:16-cv-01000-JMC

ORDER

Defendant, Nancy A. Berryhill, Acting Commissioner of Social Security, has moved the
Court, pursuant to 42 U.S.C. § 405(g), to enter a judgment with an order of reversal with remand
to her for further administrative proceedings. (ECF No. 18.) Defendant further represents that
Plaintiff consents to this motion. Id. at 1.
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 case to the Commissioner for further administrative
proceedings. See Shalala v. Schaefer, 509 U.S. 292 (1993).

1

Nancy A. Berryhill became the Acting Commissioner of Social Security on January 23, 2017.
Pursuant to Fed. R. Civ. P. 25(d), Nancy A. Berryhill is substituted for former Acting
Commissioner Carolyn W. Colvin as a Defendant in this lawsuit.
1

IT IS SO ORDERED.

United States District Judge
April 19, 2017
Columbia, South Carolina