IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA

Rosalinda F.,1 ) C/A No.: 1:21-1049-SVH ) Plaintiff, ) ) vs. ) ) ORDER Kilolo Kijakazi,2 Acting ) Commissioner of Social Security ) Administration, ) ) Defendant. ) )

Defendant, Kilolo Kijakazi, Acting Commissioner of the Social Security Administration (“Commissioner”), by her attorneys, Corey F. Ellis, Interim United States Attorney for the District of South Carolina, and Andrew R. de Holl, Assistant United States Attorney for said district, has moved this court, pursuant to

(g), to enter a judgment with an order of reversal with remand of the cause to the Commissioner for further administrative proceedings. [ECF No. 19]. The motion represents that Plaintiff consents to the motion.

1 The Committee on Court Administration and Case Management of the Judicial Conference of the United States has recommended that, due to significant privacy concerns in social security cases, federal courts should refer to claimants only by their first names and last initials. 2 Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Pursuant to Fed. R. Civ. P. 25(d), she is substituted for former Plaintiff filed a brief arguing: (1) substantial evidence does not support the Administrative Law Judge’s (“ALJ’s”) conclusion that her mental

impairments were non-severe; and (2) the ALJ failed to consider the opinion of her treating provider Sherita F. Davis, M.Ed., LPC, LPC-S, in accordance with

.1520c and § 416.920c. [ECF No. 18]. The Commissioner declines to address these issues individually, but concedes that remand is

appropriate pursuant to sentence four of

(g), which authorizes the court to remand the case where the Commissioner’s decision is not supported by substantial evidence or where she failed to apply the proper legal standard. [ECF No. 19].

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

(g), and given the parties’ consent to remand, this court hereby reverses the Commissioner’s

decision under sentence four of

(g) with a remand of the cause to the Commissioner for further administrative proceedings. ,

(1993). Upon remand, the Appeals Council shall vacate the decision and refer

the case to an ALJ. The Appeals Council shall direct the ALJ to reassess the severity of Plaintiff’s mental impairments in light of all the relevant evidence and evaluate all medical opinions in accordance with

.1520c and 416.920c. The Clerk of Court is directed to enter a separate judgment pursuant to Fed. R. Civ. P. 58. IT IS SO ORDERED. PP Ut Slalger March 3, 2022 Shiva V. Hodges Columbia, South Carolina United States Magistrate Judge