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Lewis v. Colvin

United States District Court, E.D. Missouri, Eastern Division

October 2, 2014

KEVIN R. LEWIS, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security Defendant.

MEMORANDUM AND ORDER

SHIRLEY PADMORE MENSAH, Magistrate Judge.

This case is before the Court on Acting Commissioner Carolyn W. Colvin's ("the Commissioner's") Motion to Reverse and Remand the case to the Commissioner for further administrative action pursuant to sentence four of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). (Doc. 24). Plaintiff has filed a response stating that he has no objection to the motion. (Doc. 25). The parties have consented to the jurisdiction of the undersigned United States Magistrate Judge pursuant to 28 U.S.C.§ 636(c)(1). (Doc. 8).

On January 9, 2014, Plaintiff filed a Complaint seeking review of the Commissioner's decision that Plaintiff was not under a disability within the meaning of the Social Security Act. (Doc. 1). The Commissioner filed her answer and the transcript of the administrative proceedings on March 20, 2014. (Docs. 11, 12). Plaintiff filed a brief in support of the complaint on June 16, 2014. (Doc. 17).

On September 18, 2014, the Commissioner filed the instant motion to reverse and remand the case to the Commissioner for further action under sentence four of section 205(g) of the Social Security Act, which permits the Court "to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner, with or without remanding the cause for a rehearing." 42 U.S.C. § 405(g). The Commissioner represents in her motion that upon review of the record, agency counsel requested that the Appeals Council of the Social Security Administration reconsider the Commissioner's decision, and that the Appeals Council then determined that remand was appropriate. The Commissioner states that "[u]pon receipt of the Court's remand order, the Appeals Council will remand this case with a directive to assign it to a different ALJ, who will receive the following instructions: (1) develop the administrative record to include any prior evidence pertinent to this claim; (2) consider Plaintiff's mental impairments, including drug addiction and alcoholism, if applicable, (3) reassess Plaintiff's residual functional capacity; (4) obtain the assistance of a vocational expert; and (5) issue a new decision.

Upon review of Plaintiff's brief in support of his complaint, the ALJ's decision, and the Commissioner's motion, the Court agrees with the parties that this case should be reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g).

Accordingly,

IT IS HEREBY ORDERED that the Commissioner's Motion to Reverse and Remand (Doc. 24) is GRANTED.

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that decision of the Commissioner of Social Security is REVERSED and that this case is REMANDED under Sentence Four of 42 U.S.C. § 405(g) for reconsideration and further proceedings consistent with this opinion.


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