Danner v. Berryhill, 1:17-cv-245-MOC. (2018)
Court: District Court, W.D. North Carolina
Number: infdco20180410a35
Visitors: 30
Filed: Apr. 09, 2018
Latest Update: Apr. 09, 2018
Summary: ORDER MAX O. COGBURN, JR. , District Judge . THIS MATTER is before the court on the parties' Consent Motion for Reversal and Remand Pursuant to Sentence Four of 42 U.S.C. 405(g). As this court has the power under sentence four of 42 U.S.C. 405(g) "to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying or reversing the decision of the Commissioner, with or without remanding the case for a rehearing," and since each party consents to reversal and reman
Summary: ORDER MAX O. COGBURN, JR. , District Judge . THIS MATTER is before the court on the parties' Consent Motion for Reversal and Remand Pursuant to Sentence Four of 42 U.S.C. 405(g). As this court has the power under sentence four of 42 U.S.C. 405(g) "to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying or reversing the decision of the Commissioner, with or without remanding the case for a rehearing," and since each party consents to reversal and remand..
More
ORDER
MAX O. COGBURN, JR., District Judge.
THIS MATTER is before the court on the parties' Consent Motion for Reversal and Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g). As this court has the power under sentence four of 42 U.S.C. § 405(g) "to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying or reversing the decision of the Commissioner, with or without remanding the case for a rehearing," and since each party consents to reversal and remand in this matter, the court will grant this motion. See Shalala v. Schaefer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991). Having thus considered the parties' motion and reviewed the pleadings, the court enters the following Order.
ORDER
IT IS, THEREFORE, ORDERED that the parties' Consent Motion for Reversal and Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) (#16) is GRANTED. Under sentence four of 42 U.S.C. § 405(g), the Commissioner's decision is REVERSED and this matter is REMANDED to the Commissioner for further proceedings consistent with this opinion.
Source: Leagle
