EPPS v. COMMISSIONER OF SOCIAL SECURITY

United States District Court for the Middle District of Georgia

EPPS v. COMMISSIONER OF SOCIAL SECURITY

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION V.E. o/b/o A.B., : : Plaintiff, : : v. : CASE NO. 4:23-CV-162-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 consent motion to remand this action for further development of the record, this case is hereby remanded to the Commissioner. Upon remand, the agency will obtain additional medical records concerning Claimant’s mental impairments including those from Feoderis N. Basilio, M.D.; further evaluate a psychological report completed by Franciska Kocsner, Psy.D.; further evaluate whether medical improvement has occurred since the comparison point decision as required by

20 C.F.R. § 416

.994a; offer Claimant an opportunity for a hearing; and take any further action needed to complete the administrative record. Therefore, 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). The Clerk of the Court is hereby directed to enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. SO ORDERED, this 20th day of February, 2024.

S/Clay D. Land CLAY D. LAND U.S. DISTRICT COURT JUDGE MIDDLE DISTRICT OF GEORGIA

Reference

Status
Unknown