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ASHWORTH v. BERRYHILL, 1:17-cv-00025-MR. (2017)

Court: District Court, W.D. North Carolina Number: infdco20170505d18 Visitors: 11
Filed: May 04, 2017
Latest Update: May 04, 2017
Summary: ORDER OF REMAND MARTIN REIDINGER , District Judge . THIS MATTER is before the Court on the Defendant's Consent Motion for Entry of Judgment with Remand under Sentence Four of 42 U.S.C. 405(g). [Doc. 9]. Sentence four of 42 U.S.C. 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
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ORDER OF REMAND

THIS MATTER is before the Court on the Defendant's Consent Motion for Entry of Judgment with Remand under Sentence Four of 42 U.S.C. § 405(g). [Doc. 9].

Sentence four of 42 U.S.C. § 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 Defendant here has moved for reversal of her decision and for remand of this case for further administrative proceedings. For the reasons stated in the Defendant's motion, the Court finds that remand is appropriate. See Melkonyan v. Sullivan, 501 U.S. 89 (1991).

IT IS, THEREFORE, ORDERED that the Defendant's Consent Motion for Entry of Judgment with Remand under Sentence Four of 42 U.S.C. § 405(g) [Doc. 9] is GRANTED.

IT IS FURTHER ORDERED that, pursuant to sentence four of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), the decision of the Commissioner of Social Security is hereby REVERSED and this case is hereby REMANDED for further administrative proceedings, consistent with this Order.

The Clerk of Court shall enter a separate Judgment of Remand simultaneously herewith, thereby closing the case.

IT IS SO ORDERED.

Source:  Leagle

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