SELDON v. COMMISSIONER OF SOCIAL SECURITY

M.D. Georgia

SELDON v. COMMISSIONER OF SOCIAL SECURITY

DecidedAugust 12, 2021

Docket4:20-cv-00267

StatusUnknown

This text of SELDON v. COMMISSIONER OF SOCIAL SECURITY (SELDON v. COMMISSIONER OF SOCIAL SECURITY) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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SELDON v. COMMISSIONER OF SOCIAL SECURITY, (M.D. Ga. 2021).

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION M.J.S., : : Plaintiff, : : v. : CASE NO. 4:20-CV-267-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 (ECF No. 19), 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). On remand, the Appeals Council will instruct the ALJ to (1) further evaluate the opinion evidence; (2) determine whether a cane is medically necessary and any limitations arising from the use of a cane; (3) reconsider Plaintiff’s residual functional capacity; (4) if necessary, obtain supplemental vocational evidence; (5) update the record as needed; (6) offer Plaintiff the opportunity for a new hearing; and (7) issue a new decision. The Clerk of the Court will enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. SO ORDERED, this 12th day of August, 2021.

S/Clay D. Land CLAY D. LAND UNITED STATES DISTRICT JUDGE

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION M.J.S., : : Plaintiff, : : v. : CASE NO. 4:20-CV-267-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 (ECF No. 19), 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). On remand, the Appeals Council will instruct the ALJ to (1) further evaluate the opinion evidence; (2) determine whether a cane is medically necessary and any limitations arising from the use of a cane; (3) reconsider Plaintiff’s residual functional capacity; (4) if necessary, obtain supplemental vocational evidence; (5) update the record as needed; (6) offer Plaintiff the opportunity for a new hearing; and (7) issue a new decision. The Clerk of the Court will enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. SO ORDERED, this 12th day of August, 2021.

S/Clay D. Land CLAY D. LAND UNITED STATES DISTRICT JUDGE

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SELDON v. COMMISSIONER OF SOCIAL SECURITY, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seldon-v-commissioner-of-social-security-gamd-2021.

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