English v. Berryhill, 1:17-CV-200 RJC. (2018)
Court: District Court, W.D. North Carolina
Number: infdco20180620c67
Visitors: 10
Filed: Jun. 19, 2018
Latest Update: Jun. 19, 2018
Summary: ORDER ROBERT J. CONRAD, JR. , 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. Plaintiff's attorney does not oppose the Defendant's Motion for Remand. Pursuant to the power of this Court to enter a judgment reversing the Commissioner's decision with remand in Social Securit
Summary: ORDER ROBERT J. CONRAD, JR. , 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. Plaintiff's attorney does not oppose the Defendant's Motion for Remand. Pursuant to the power of this Court to enter a judgment reversing the Commissioner's decision with remand in Social Security..
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ORDER
ROBERT J. CONRAD, JR., 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. Plaintiff's attorney does not oppose the Defendant's Motion for Remand.
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 the parties' Consent Motion to Remand, (Doc. No. 11), and REVERSES the Commissioner's decision under sentence four of 42 U.S.C. § 405(g) with a remand of the case to the Commissioner for further proceedings. See Melkonyan v. Sullivan, 501 U.S. 89 (1991).
FootNotes
1. Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting Commissioner Carolyn W. Colvin as the defendant in this suit. No further action needs to be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).
Source: Leagle
