Opinion
CIV. NO. 3:12-CV-529
01-16-2013
MARY JANE VAN WINKLE, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
Loretta S. Harber (BP # 007221) Assistant United States Attorney
(PHILLIPS/SHIRLEY)
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 Administrative Law Judge will fully consider the medical opinion evidence and explain what weight he gives it and his reasons for doing so and will further evaluate Plaintiff's alleged mental impairments. The Administrative Law Judge also will fully consider the credibility of claimant's subjective complaints and explain whether he finds those complaints credible and the reasons supporting his finding.
The Clerk of the Court will enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.
________
U. S. District Judge
Proposed by: ________
Loretta S. Harber (BP # 007221)
Assistant United States Attorney