Seymour v. Social Security Administration, Commissioner of
Seymour v. Social Security Administration, Commissioner of
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE
JOHN R. SEYMOUR, ) ) Plaintiff, ) ) v. ) CIV. NO. 3:19-CV-00357 ) (POPLIN) ANDREW SAUL, ) Commissioner of Social Security, ) ) Defendant. )
ORDER OF REMAND UNDER SENTENCE FOUR OF
42 U.S.C. § 405(g) WITH REMAND TO DEFENDANT AND INSTRUCTION TO ASSIGN TO A NEW ADMINISTRATIVE LAW JUDGE
Before the Court are the Parties’ Joint Motion to for Entry of Judgment [Doc. 21] and Plaintiff’s Motion for Summary Judgment [Doc. 18]. Pursuant to the power of this Court under sentence four of section 405(g) of the Social Security Act,
42 U.S.C. § 405(g) and in light of the joint motion to remand this action, the Court now, upon substantive review, hereby GRANTS the Joint Motion for Entry of Judgment [Doc. 21], remanding this cause to the Commissioner according to the following terms. See Shalala v. Schaefer,
509 U.S. 292, 296(1993). On remand, the Appeals Council will remand the case to a different ALJ pursuant to Social Security Ruling (SSR) 19-1p, and instruct the new ALJ to further evaluate the opinion evidence, reconsider Plaintiff’s residual functional capacity, with psychiatric or psychological expert evidence, if necessary; and, if warranted, obtain vocational expert evidence. Plaintiff’s Motion for Summary Judgment [Doc. 18] is therefore DENIED AS MOOT. The Commissioner’s Motion for Extension of Time [Doc. 20] is also DENIED AS MOOT. The Court will enter a separate judgment will issue pursuant to Rule 58 of the Federal Rules of Civil Procedure. IT IS SO ORDERED. ENTER: L/S VAN a ( ees AWA, Debra C. Poplin United States Magistrate Judge
Reference
- Status
- Unknown