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Kirksey v. Colvin

United States District Court, D. South Carolina, Rock Hill Division

December 10, 2014

JAMES MICHAEL KIRKSEY, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

ORDER

RICHARD M. GERGEL, 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 purposes ofconducting a de novo hearing.

Further administrative action is warranted in this case. On order of the Court, the agency's Appeals Council will remand the case to an ALl with instructions to give the Plaintiff an opportunity for a new hearing, take any steps necessary to complete the administrative record, and issue a new decision. The ALl will arrange for a new consultative psychological evaluation, and if necessary, obtain evidence from a medical expert. The ALl will give further consideration to the nature and severity of the Plaintiff's impairments at steps two and three and, if necessary, to the Plaintiffs residual functional capacity and ability to perform his past work or other work at steps four and five.

Pursuant to the power ofthis 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.


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