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Oxendine v. Colvin

United States District Court, W.D. North Carolina, Statesville Division

November 3, 2014

JEFFREY OXENDINE, Plaintiff,
v.
CAROLYN W. COLVIN, Commissioner of Social Security, Defendant.

MEMORANDUM AND RECOMMENDATION

DENNIS L. HOWELL, Magistrate Judge.

Plaintiff brings this action pursuant to 42 U.S.C. § 405(g) to obtain judicial review of the final decision by the Commissioner of Social Security ("Commissioner") denying Plaintiff's claim for supplemental security income. After Plaintiff filed his Motion for Summary Judgment [# 11], the Commissioner filed a Consent Motion to Remand [# 17]. The Commissioner moves to remand this case pursuant to sentence four of 42 U.S.C. § 405(g).

Sentence four of Section 405(g) provides, in pertinent part, that "[t]he court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing." The Commissioner moves for reversal of her unfavorable decision and for remand of this case for further administrative proceedings. Counsel for Plaintiff consents to the motion.

The Court finds that remand is appropriate in this case. See Melkonyan v. Sullivan, 501 U.S. 89 (1991). Upon remand, the Appeals Council shall instruct the ALJ to: (1) reevaluate Plaintiff's bilateral carpal tunnel syndrome and whether this condition causes any functional limitations; (2) give further consideration to the Plaintiff's residual functional capacity, considering all the opinions and evidence in the record; (3) reevaluate whether the Plaintiff can return to his past work as a lumberyard helper; and (4) obtain the testimony of a vocational expert, if warranted. Accordingly, the Court RECOMMENDS that the District Court GRANT the Motion to Remand [# 17], REVERSE the decision of the Commissioner, and REMAND this case for further administrative proceedings, consistent with this Order.


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