0:12-cv-03384-RBH-PJG Date Filed 07/30/13 Entry Number 27 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
) Civil Action No. 0:12-3384-RBH
MICHAEL J. ASTRUE,
Commissioner of Social Security,
The Defendant, Carolyn W. Colvin, Acting Commissioner of Social Security, by her
attorneys, William N. Nettles, United States Attorney for the District of South Carolina, and
Barbara M. Bowens, Assistant United States Attorney, 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.
On order of the Court, this case will be remanded to the Appeals Council. The Appeals
Council will remand the case to an ALJ with instructions to incorporate the medical evidence
from the claimant’s prior application into the current record; reevaluate all of the medical
evidence in the record; reassess the claimant’s residual functional capacity and credibility
assessment; obtain vocational expert testimony; and give the claimant an opportunity for a new
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 for remand of this action
for further proceedings, this Court hereby
0:12-cv-03384-RBH-PJG Date Filed 07/30/13 Entry Number 27 Page 2 of 2
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 as set
out above.1 See Shalala v. Schaefer, 509 U.S. 292 (1993).
AND IT IS SO ORDERED.
July 30, 2013
Florence, South Carolina
s/R. Bryan Harwell
R. Bryan Harwell
United States District Judge
1The clerk of the Court will enter a separate judgment pursuant to the
Federal Rules of Civil Procedure, Rule 58.