VAUGHN v. COMMISSIONER OF SOCIAL SECURITY

United States District Court for the Middle District of Georgia

VAUGHN v. COMMISSIONER OF SOCIAL SECURITY

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION H.V., : : Plaintiff, : : v. : CASE NO. 3:23-CV-138-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 for further development of the record by an administrative law judge (“ALJ”),this case is hereby remanded. Upon remand, the Appeals Council will instruct the ALJ to (1) offer Plaintiff the opportunity for a hearing, (2) further evaluate the alleged impairments at step 2, (3) further evaluate the medical opinions and prior administrative medical findings, (4) further assess the residual functional capacity, (5) obtain evidence from a vocational expert, (6) further evaluate the claimant's ability to make an adjustment to other work, and (7) issue a new decision. 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 21st day of March, 2024. S/Clay D. Land CLAY D. LAND U.S. DISTRICT COURT JUDGE MIDDLE DISTRICT OF GEORGIA

Reference

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