Opinion
C. A. 1:21-1049-SVH
03-03-2022
Rosalinda F., [1] Plaintiff, v. Kilolo Kijakazi, [2] Acting Commissioner of Social Security Administration, Defendant.
ORDER
SHIVA V. HODGES UNITED STATES MAGISTRATE JUDGE
Defendant, Kilolo Kijakazi, Acting Commissioner of the Social Security Administration (“Commissioner”), by her attorneys, Corey F. Ellis, Interim United States Attorney for the District of South Carolina, and Andrew R. de Holl, Assistant United States Attorney for said district, 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 further administrative proceedings. [ECF No. 19]. The motion represents that Plaintiff consents to the motion. Id.
Plaintiff filed a brief arguing: (1) substantial evidence does not support the Administrative Law Judge's (“ALJ's”) conclusion that her mental impairments were non-severe; and (2) the ALJ failed to consider the opinion of her treating provider Sherita F. Davis, M.Ed., LPC, LPC-S, in accordance with 20 C.F.R. § 404.1520c and § 416.920c. [ECF No. 18]. The Commissioner declines to address these issues individually, but concedes that remand is appropriate pursuant to sentence four of 42 U.S.C. § 405(g), which authorizes the court to remand the case where the Commissioner's decision is not supported by substantial evidence or where she failed to apply the proper legal standard. [ECF No. 19].
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 given the parties' consent to remand, 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. See Shalala v. Schaefer, 509 U.S. 292 (1993).
Upon remand, the Appeals Council shall vacate the decision and refer the case to an ALJ. The Appeals Council shall direct the ALJ to reassess the severity of Plaintiff's mental impairments in light of all the relevant evidence and evaluate all medical opinions in accordance with 20 C.F.R. § 404.1520c and 416.920c. The Clerk of Court is directed to enter a separate judgment pursuant to Fed.R.Civ.P. 58.
IT IS SO ORDERED.