Opinion
Cause No. 1:11cv462-LG-JMR
09-28-2012
Connie E. Roche, Plaintiff, v. Michael J. Astrue, Commissioner of Social Security, Defendant.
Agreed Judgment Reversing and Remanding Action to Commissioner
Under Sentence Four of 42 U.S.C. § 405(g)
This action is before this Court on Plaintiff's Motion for Summary Judgment [11] and Defendant's Unopposed Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. § 405(g) with Reversal and Remand of this Action to the Commissioner [14]. 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, with Plaintiff's consent, to remand this action,
IT IS HEREBY ORDERED AND ADJUDGED that the Commissioner's decision is REVERSED and this action is REMANDED for cause to the Commissioner for rehearing. See Shalala v. Schaefer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991).
IT IS FURTHER ORDERED AND ADJUDGED that on remand the Appeals Council will instruct the Administrative Law Judge to (1) order a psychological examination of the Plaintiff, (2) assess the severity of Plaintiff's mental impairments, (3) reassess Plaintiff's residual functional capacity and credibility with regard to Plaintiff's mental impairments, and (4) issue a new decision for the period prior to August 1, 2009.
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LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE