Davis v. Commissioner of Social Security Administration

Filing 20

ORDER granting 19 Motion to Remand. 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. Signed by Magistrate Judge Jacquelyn D Austin on 12/16/2016.(abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON/GREENWOOD DIVISION
JAMES ROBERT DAVIS,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner
of Social Security,
Defendant.

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Civil Action No. 8:16-cv-1490-JDA

ORDER

The Defendant, Carolyn W. Colvin, 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.
Upon remand, the Appeals Council will direct the ALJ to further consider whether
Plaintiff’s impairments, singly or in combination, meet or medically equal Listing 4.02 (chronic
heart failure), will reevaluate Plaintiff’s residual functional capacity, and will consider obtaining
medical expert evidence in evaluating the severity and limiting effects of Plaintiff’s impairments.
The ALJ will be further directed to take any appropriate action necessary to complete the
administrative record and issue 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 Shalala v. Schaefer, 509 U.S. 292 (1993).
AND IT IS SO ORDERED.
s/Jacquelyn D. Austin
______________________________
JACQUELYN D. AUSTIN
United States Magistrate Judge
December 16, 2016
Greenville, South Carolina

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