Opinion
CIV NO. 3:11-cv-100
08-29-2011
BETTY RUTH DAVIS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
LORETTA HARBER Assistant United States Attorney
(PHILLIPS/GUYTON)
ORDER OF REMAND UNDER SENTENCE FOUR
OF 42 U.S.C. $ 405(g)
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 section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), and in light of the parties' motion to remand this action, this Court now, upon substantive review, hereby enters a judgment under sentence four of 42 U.S.C. § 405(g) reversing the Commissioner's decision with a remand of the cause to the Commissioner according to the following terms. See Shalala v. Schaefer, 509 U.S. 292, 296, 113 S. Ct. 2625, 2629 (1993); Melkonyan v. Sullivan, 501 U.S. 89, 97-98, 111 S. Ct. 2157, 2163 (1991).
The Court is in agreement with the parties that the instant case should be remanded, pursuant to sentence four of 42 U.S.C. § 405(g), and jurisdiction of this case returned to the Agency. Upon remand, the Appeals Council will direct the ALJ to further evaluate the opinion of Plaintiff s treating source, Dr. Luis Pannocchia.
The Clerk of the Court will enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.
Proposed by:
LORETTA HARBER
Assistant United States Attorney
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United States Magistrate Judge