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HARVEY v. COLVIN, 5:15-cv-1491-JMC. (2015)

Court: District Court, D. South Carolina Number: infdco20151211b75 Visitors: 8
Filed: Dec. 10, 2015
Latest Update: Dec. 10, 2015
Summary: ORDER J. MICHELLE CHILDS , District Judge . 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. On order of the Court, this case will be remanded to the Appeals Council. Upon remand, the Appeals Council will direct an administrative law judge ("ALJ") to further evaluate and discuss the opinion
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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.

On order of the Court, this case will be remanded to the Appeals Council. Upon remand, the Appeals Council will direct an administrative law judge ("ALJ") to further evaluate and discuss the opinion issued by Plaintiff's treating physician Ryan Rosen, M.D., dated July 1, 2014, along with the medical evidence in the record on the whole.

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.

FootNotes


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

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