Tropper v. Commissioner of Social Security Administration

Filing 18

ORDER granting 15 Motion to Remand. The Commissioner's final decision is reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings as set forth in the motion. Signed by Honorable Timothy M Cain on 5/23/2017.(abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
Christopher Joseph Topper,
Plaintiff,
v.
Nancy A. Berryhill,
Acting Commissioner of Social Security,
Defendant.

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Civil Action No. 6:16-3196-TMC
ORDER

The plaintiff, Christopher Joseph Topper (“Topper”), brought this action under 42 U.S.C. §
405(g), seeking judicial review of a final decision of the Commissioner of Social Security
(“Commissioner”)1 denying his claim for Disability Insurance benefits and Supplemental Security
Income benefits under the Social Security Act. (ECF No. 1). Before the court is the Commissioner’s
motion to remand (ECF No. 15) requesting that the Commissioner’s decision be reversed and the case
remanded, pursuant to sentence four of 42 U.S.C. § 405(g), to the Commissioner for further
administrative action as set forth in the motion. Plaintiff Topper consented to the remand. (ECF No.
15 at 2).
Accordingly, the Commissioner’s motion to remand (ECF No. 15) is GRANTED, and
the Commissioner’s final decision is reversed and remanded pursuant to sentence four of 42 U.S.C. §
405(g) for further proceedings as set forth in the motion.
IT IS SO ORDERED.

s/Timothy M. Cain
United States District Judge
Anderson, South Carolina
May 23, 2017
1
Nancy A. Berryhill became the Acting Commissioner of the Social Security Administration on January 27, 2017.
Pursuant to Fed. R. Civ. P. 25(d), Berryhill should be substituted for Carolyn W. Colvin as the defendant in this action.