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Tant v. Saul, 1:18-3578-DCC-SVH. (2019)

Court: District Court, D. South Carolina Number: infdco20190909a29 Visitors: 18
Filed: Sep. 06, 2019
Latest Update: Sep. 06, 2019
Summary: ORDER SHIVA V. HODGES , Magistrate Judge . Defendant Andrew M. Saul, Commissioner of the Social Security Administration ("Commissioner"), by his attorneys, Sherri A. Lydon, United States Attorney for the District of South Carolina, and Marshall Prince, Assistant United States Attorney for the District of South Carolina, 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 case to the Commissioner for further administrative proc
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ORDER

Defendant Andrew M. Saul, Commissioner of the Social Security Administration ("Commissioner"), by his attorneys, Sherri A. Lydon, United States Attorney for the District of South Carolina, and Marshall Prince, Assistant United States Attorney for the District of South Carolina, 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 case to the Commissioner for further administrative proceedings. [ECF No. 16]. The movant represents that Plaintiff's counsel, Beatrice E. Whitten, consents to the motion. Id.

By order of the court, this case is remanded to the Appeals Council. The Appeals Council will direct the Administrative Law Judge to exhibit and evaluate Plaintiff's additional evidence and to 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 as set out above. See Shalala v. Schaefer, 509 U.S. 292 (1993). The Clerk of Court is directed to enter a separate judgment pursuant to the Fed. R. Civ. P. 58.

IT IS SO ORDERED.

FootNotes


1. Andrew M. Saul became the Commissioner of the Social Security Administration on June 17, 2019. Pursuant to Fed. R. Civ. P. 25(d), Saul is substituted for Nancy A. Berryhill.
Source:  Leagle

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