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Mowery v. Colvin, 1:15-cv-00175-RJC. (2016)

Court: District Court, W.D. North Carolina Number: infdco20160510c37 Visitors: 16
Filed: May 09, 2016
Latest Update: May 09, 2016
Summary: ORDER ROBERT J. CONRAD, Jr. , District Judge . THIS MATTER comes before the Court on Defendant's Motion for Remand to the Commissioner. (Doc. No. 13). Under sentence four of 42 U.S.C. 405(g), "[t]he court shall have the power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing." See also Shalala v. Schaefer , 509 U.S. 292 , 296-9
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ORDER

THIS MATTER comes before the Court on Defendant's Motion for Remand to the Commissioner. (Doc. No. 13). Under sentence four of 42 U.S.C. § 405(g), "[t]he court shall have the power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing." See also Shalala v. Schaefer, 509 U.S. 292, 296-97 (1993); Melkonyan v. Sullivan, 501 U.S. 89, 98 (1991).

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 Defendant's request to remand this action for further administrative proceedings, the 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, including a supplemental hearing, for the closed period of May 16, 2011, through June 13, 2015.

Upon remand, the Administrative Law Judge shall hold a supplemental hearing; assess the nature and severity of the claimant's impairments; determine whether the severity of the claimant's conditions meets or equals the requirements of a Listing; assess and explain the limitations that could reasonably have resulted from the claimant's impairments; obtain further vocational expert testimony; and issue a new decision.

Because this matter is hereby remanded to the Commissioner, Plaintiff's Motion for Summary Judgment, (Doc. No. 10), is moot and shall be dismissed.

IT IS, THEREFORE, ORDERED that, for good cause shown:

1. Defendant's Motion for Remand to the Commissioner, (Doc. No. 13), is GRANTED. The Court hereby REVERSES the decision of the Commissioner and REMANDS this case for further administrative proceedings. 2. Plaintiff's Motion for Summary Judgment, (Doc. No. 10), is DISMISSED as moot. 3. The Clerk of Court is directed to enter a separate judgment pursuant to Federal Rule of Civil Procedure 58 and to close this case.
Source:  Leagle

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