BATTLE v. ASTRUE, 5:11-CV-578-D. (2012)
Court: District Court, E.D. North Carolina
Number: infdco20120615b60
Visitors: 8
Filed: Jun. 13, 2012
Latest Update: Jun. 13, 2012
Summary: ORDER JAMES C. DEVER, III, District Judge. This matter is before the court on Plaintiff's Motion for Judgment on the Pleadings and Defendant's Motion for Remand to the Commissioner. Plaintiff's counsel has indicated that he consents to the Government's Motion for Remand. Accordingly, for good cause shown, the Court hereby reverses the Commissioner's decision under sentence four of 42 U.S.C. 405(g) and 1383(c) (3) and remands the case to the Commissioner for allowance of the claims. See S
Summary: ORDER JAMES C. DEVER, III, District Judge. This matter is before the court on Plaintiff's Motion for Judgment on the Pleadings and Defendant's Motion for Remand to the Commissioner. Plaintiff's counsel has indicated that he consents to the Government's Motion for Remand. Accordingly, for good cause shown, the Court hereby reverses the Commissioner's decision under sentence four of 42 U.S.C. 405(g) and 1383(c) (3) and remands the case to the Commissioner for allowance of the claims. See Sh..
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ORDER
JAMES C. DEVER, III, District Judge.
This matter is before the court on Plaintiff's Motion for Judgment on the Pleadings and Defendant's Motion for Remand to the Commissioner. Plaintiff's counsel has indicated that he consents to the Government's Motion for Remand.
Accordingly, for good cause shown, the Court hereby reverses the Commissioner's decision under sentence four of 42 U.S.C. § 405(g) and § 1383(c) (3) and remands the case to the Commissioner for allowance of the claims. See Shalala v. Schaefer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991).
Upon remand, the Commissioner will allow the claims. The Clerk of Court is directed to enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.
SO ORDERED.
Source: Leagle
