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SHAH v. COLVIN, 2:14-cv-000603-EJF. (2016)

Court: District Court, D. Utah Number: infdco20160523b97 Visitors: 8
Filed: May 19, 2016
Latest Update: May 19, 2016
Summary: MEMORANDUM DECISION AND ORDER VACATING JUDGMENT AND REMANDING CASE EVELYN J. FURSE , Magistrate Judge . On January 19, 2016, Plaintiff Seema Shah appealed to the Tenth Circuit Court of Appeals from this Court's judgment affirming the Commissioner of the Social Security Administration's denial of Ms. Shah's application for supplemental security income. Upon the Commissioner's Unopposed Motion for Remand for Further Administrative Proceedings Pursuant to Sentence Four of 42 U.S.C. 405(g), th
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MEMORANDUM DECISION AND ORDER VACATING JUDGMENT AND REMANDING CASE

On January 19, 2016, Plaintiff Seema Shah appealed to the Tenth Circuit Court of Appeals from this Court's judgment affirming the Commissioner of the Social Security Administration's denial of Ms. Shah's application for supplemental security income. Upon the Commissioner's Unopposed Motion for Remand for Further Administrative Proceedings Pursuant to Sentence Four of 42 U.S.C. §405(g), the Tenth Circuit remanded Ms. Shah's case to this Court to vacate its judgment and remand the matter to the Commissioner for further proceedings as outlined in the Commissioner's Motion.

Accordingly, pursuant to sentence four of 42 U.S.C. § 405(g), this Court VACATES its order, entered December 23, 2015, (ECF No. 33), and judgment, entered January 25, 2016, (ECF No. 37), and hereby REMANDS this matter to the Commissioner of the Social Security Administration for additional administrative proceedings as set forth below. See Shalala v. Schaefer, 509 U.S. 292 (1993). Upon remand, the Appeals Council will remand the case back to an administrative law judge ("ALJ") with instructions to obtain a psychological consultative examination, and to hold a de novo hearing and issue a new decision regarding Ms. Shah's eligibility for supplemental security income. The Clerk of the Court is directed to enter a separate judgment pursuant to Federal Rule of Civil Procedure 58.

Source:  Leagle

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