Grace v. Commissioner of Social Security

Filing 22

ORDER granting 20 Motion to Remand to Commissioner of Social Security. Signed by Magistrate Judge Roy Percy on 8/23/17. (bnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
GWENDOLYN SUE GRACE

PLAINTIFF

vs.

CIVIL ACTION NO. 3:17CV1-RP

NANCY A. BERRYHILL,
ACTING COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

ORDER GRANTING MOTION TO REMAND
Plaintiff Gwendolyn Sue Grace filed suit under 42 U.S.C. § 405(g) for judicial review of
the partially favorable decision of the Commissioner of Social Security granting plaintiff’s claim
for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 416(I) and
423, for only a closed period from April 6, 2011 through June 18, 2013. The Commissioner
moved to remand under the fourth sentence of 42 U.S.C. § 405(g) . Docket 20. The court has
been advised that plaintiff’s counsel has no objection to the motion. Because both parties have
consented to have a magistrate judge conduct all the proceedings in this case as provided in 28
U.S.C. § 636(c), the undersigned has the authority to issue this opinion and the accompanying
final judgment.
The Commissioner’s Motion to Remand acknowledges that the case should be remanded
for further administrative proceedings. Docket 20. After reviewing the motion and record, the
undersigned concludes that remand is proper. The Commissioner’s Motion to Remand is
therefore GRANTED.
SO ORDERED, this, the 23rd day of August, 2017.
/s/ Roy Percy
UNITED STATES MAGISTRATE JUDGE