SELDON v. COMMISSIONER OF SOCIAL SECURITY

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION M.J.S., : : Plaintiff, : : v. : CASE NO. 4:20-CV-267-CDL-MSH : COMMISSIONER OF SOCIAL : SECURITY, : : Defendant. : : ORDER 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 government’s request to remand this action (ECF No. 19), 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 proceedings. See Shalala v. Schaefer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991). On remand, the Appeals Council will instruct the ALJ to (1) further evaluate the opinion evidence; (2) determine whether a cane is medically necessary and any limitations arising from the use of a cane; (3) reconsider Plaintiff’s residual functional capacity; (4) if necessary, obtain supplemental vocational evidence; (5) update the record as needed; (6) offer Plaintiff the opportunity for a new hearing; and (7) issue a new decision.

The Clerk of the Court will enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.

SO ORDERED, this 12th day of August, 2021.

S/Clay D. Land CLAY D. LAND UNITED STATES DISTRICT JUDGE