Davis v. Commissioner of the Social Security Administration, No. 5:2013cv02430 - Document 18 (D.S.C. 2014)
Court Description: OPINION AND ORDER granting 17 Motion to Remand. The Court hereby REVERSES the Commissioner's decision in this matter under sentence four of 42 U.S.C. § 405(g) and REMANDS the cause to the Commissioner for further administrative proceedings. Signed by Honorable Mary G Lewis on 4/28/2014.(gnan, )
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ORANGEBURG DIVISION Leon Davis, Plaintiff, v. Carolyn W. Colvin, Acting Commissioner of the Social Security Administration, Defendant. ) Civil Action No. 5:13-2430-MGL-KDW ) ) ) OPINION AND ORDER ) ) ) ) ) ) ) Upon consideration of Defendant's Motion for Entry of Judgment with Remand Pursuant to Sentence Four of 42 U.S.C. ' 405(g), with consent of the parties and good cause appearing therefore, the Court hereby REVERSES the Commissioner's decision in this matter under sentence four of 42 U.S.C. ' 405(g), 1 and REMANDS the cause to the Commissioner for further further administrative proceedings. Upon remand, the Appeals Counsel will direct the Administrative Law Judge to consider evaluate Dr. McLeod s opinion pursuant to 20 C.F.R. ยง 404.1527; evaluate the VA rating decision pursuant to Social Security Ruling 06-03p; re-determine Plaintiff s residual functional capacity and, if necessary, obtain vocational expert testimony about whether there are other jobs in the national economy that Plaintiff can perform. The ALJ will then issue a new decision. 1 The Clerk of the Court will enter a separate judgment pursuant to the Federal Rules of Civil Procedure, Rule 58. IT IS SO ORDERED. /s/ Mary G. Lewis United States District Judge April 28, 2014 Spartanburg, South Carolina 2
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