WARREN v. BERRYHILL, 1:17-cv-00042-FDW. (2017)
Court: District Court, W.D. North Carolina
Number: infdco20170731840
Visitors: 12
Filed: Jul. 28, 2017
Latest Update: Jul. 28, 2017
Summary: ORDER FRANK D. WHITNEY , Chief District Judge . Defendant, Nancy A. Berryhill, Acting Commissioner of Social Security, has moved this Court, pursuant to sentence four of 42 U.S.C. 405(g), to enter a judgment reversing her decision with a remand of the case for further administrative proceedings. (Doc. No. 10). Plaintiff's attorney consents to Defendant's Motion. Pursuant to the power of this Court to enter a judgment reversing the Commissioner's decision with remand in Social Security ac
Summary: ORDER FRANK D. WHITNEY , Chief District Judge . Defendant, Nancy A. Berryhill, Acting Commissioner of Social Security, has moved this Court, pursuant to sentence four of 42 U.S.C. 405(g), to enter a judgment reversing her decision with a remand of the case for further administrative proceedings. (Doc. No. 10). Plaintiff's attorney consents to Defendant's Motion. Pursuant to the power of this Court to enter a judgment reversing the Commissioner's decision with remand in Social Security act..
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ORDER
FRANK D. WHITNEY, Chief District Judge.
Defendant, Nancy A. Berryhill, Acting Commissioner of Social Security, has moved this Court, pursuant to sentence four of 42 U.S.C. § 405(g), to enter a judgment reversing her decision with a remand of the case for further administrative proceedings. (Doc. No. 10). Plaintiff's attorney consents to Defendant's Motion.
Pursuant to the power of this Court to enter a judgment reversing the Commissioner's decision with remand in Social Security actions under sentence four of 42 U.S.C. § 405(g), this Court hereby GRANTS Defendant's Motion (Doc. No. 10), REVERSES the Commissioner's decision under sentence four of 42 U.S.C. § 405(g) and REMANDS the case to the Commissioner for further proceedings. See Melkonyan v. Sullivan, 501 U.S. 89 (1991). Consequently, Plaintiff's Summary Judgment Motion (Doc. No. 9) is DENIED as MOOT.
SO ORDERED.
Source: Leagle