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FARRIOR v. ASTRUE, 4:12-00056-D. (2012)

Court: District Court, E.D. North Carolina Number: infdco20120619a31 Visitors: 5
Filed: Jun. 18, 2012
Latest Update: Jun. 18, 2012
Summary: ORDER JAMES C. DEVER, III, District Judge. 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) and 1631 (c) (3) of the Social Security Act, 42 U.S.C. 405 (g) and 1383 (c) (3), and in light of the Commissioner's request, with Plaintiff's consent, to remand this action for further administrative proceedings, the Court hereby reverses the Commissione
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ORDER

JAMES C. DEVER, III, District Judge.

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) and 1631 (c) (3) of the Social Security Act, 42 U.S.C. § 405 (g) and § 1383 (c) (3), and in light of the Commissioner's request, with Plaintiff's consent, to remand this action for further administrative proceedings, the Court hereby reverses the Commissioner's decision under sentence four of 42 U.S.C. § 405(g) and § 1383(c) (3) with a remand of case to the Commissioner for further proceedings. See Melkonyan v. Sullivan, 501 U.S. 89, 111 S.Ct. 2157, 115 L. Ed.2d 78 (1991); Shalala v. Schaefer, 509 U.S. 292, 113 S.Ct. 2625, 125 L. Ed.2d 293 (1993).

The Clerk of the Court will enter a separate judgment pursuant to Rule 58 of the 1 Rules of Civil Procedure.

SO ORDERED.

Source:  Leagle

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