TUCKER v. BERRYHILL

C/A No. 0:15-2798-MBS.

Alphonso Tucker, Plaintiff, v. Nancy A. Berryhill, Acting Commissioner of Social Security, Defendant.

United States District Court, D. South Carolina.

Editors Note
Applicable Law: 42 U.S.C. § 405
Cause: 42 U.S.C. § 405 Review of HHS Decision (SSID)
Nature of Suit: 864 Social Security: SSID Tit. XVI
Source: PACER


Attorney(s) appearing for the Case

Alphonso Tucker, Plaintiff, Pro Se.

Commissioner of Social Security, Defendant, represented by Barbara Murcier Bowens , US Attorneys Office.


ORDER

MARGARET B. SEYMOUR, District Judge.

Plaintiff Alphonso Tucker, proceeding pro se and in forma pauperis, filed a complaint on July 16, 2015, seeking judicial review of a final decision of Defendant Acting Commissioner of Social Security denying Plaintiff's claims for disability insurance benefits and retroactive supplemental security income benefits. By order filed November 15, 2016, the court dismissed the case for lack of subject matter jurisdiction. Plaintiff filed a notice of appeal on December 2, 2016. On June 27, 2017, the Court of Appeals for the Fourth Circuit remanded the case with instructions to enter a final judgment reversing the decision of the Administrative Law Judge (ALJ) and remanding the case to the Commissioner for further administrative proceedings on the issue of res judicata. Accordingly,

The judgment entered November 15, 2016, is vacated. The decision of the ALJ is reversed, and the case is remanded to the Commissioner for further administrative proceedings on the issue of res judicata.

IT IS SO ORDERED.


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