Freeman v. Social Security Administration, Commissioner of

Filing 26

ORDER. The unopposed Motion to Remand will be GRANTED and Plaintiffs Motion for Summary Judgment will be DENIED AS MOOT.Signed by Magistrate Judge Susan K Lee on 4/20/2018. (BDG, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA
SANFORD A. FREEMAN,
Plaintiff,
v.
NANCY A. BERRYHILL,
Deputy Commissioner for Operations,
performing the duties and functions
not reserved to the
Commissioner of Social Security,
Defendant.

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No. 1:17-cv-236-SKL

ORDER OF REMAND UNDER SENTENCE FOUR
OF 42 U.S.C. § 405(g)
Before the Court are the unopposed Motion to Remand [Doc. 25], and Plaintiff’s Motion
for Summary Judgment [Doc. 20]. For the reasons stated herein, the unopposed Motion to Remand
will be GRANTED and Plaintiff’s Motion for Summary Judgment will be DENIED AS MOOT.
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 section
205(g) of the Social Security Act, 42 U.S.C. § 405(g), and in light of Defendant’s unopposed
motion to remand this action, this Court now, upon substantive review, hereby enters a judgment
under sentence four of 42 U.S.C. § 405(g) reversing the Commissioner’s decision with a remand
of the cause to the Commissioner. See Shalala v. Schaefer, 509 U.S. 292, 296, 113 S. Ct. 2625,
2629 (1993); Melkonyan v. Sullivan, 501 U.S. 89, 97-98, 111 S. Ct. 2157, 2163 (1991). Upon
receipt of the Court’s remand order, the Appeals Council of the Social Security Administration
SHALL REMAND the case to the Administrative Law Judge (“ALJ”) with instructions to obtain

supplemental vocational evidence to determine whether Plaintiff could make an adjustment to
other work pursuant to 20 C.F.R. §§ 404.1520(g), 404.1560(c) as remand is necessary to evaluate
whether light work exists that Plaintiff can perform given his RFC and vocational factors of age,
education, and work experience.
Accordingly, the Motion to Remand [Doc. 25] is hereby GRANTED, and Plaintiff’s
Motion for Summary Judgment [Doc. 20] is hereby DENIED AS MOOT.
A separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure will
ENTER.
SO ORDERED.
ENTER:
s/fâátÇ ^A _xx
SUSAN K. LEE
UNITED STATES MAGISTRATE JUDGE

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