Seymour v. Social Security Administration, Commissioner of

District Court, E.D. Tennessee

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

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