Hoggard v. Colvin

Filing 19

ORDER granting 17 Motion to Remand to Social Security Administration - Signed by District Judge Louise Wood Flanagan on 5/15/2017. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
NORTHERN DIVISION
No. 2:16-CV-00081-FL
STEPHEN HOGGARD,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of
Social Security,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

ORDER

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 government’s request 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 the cause to the Commissioner for further
proceedings. See Melkonyan v. Sullivan, 501 U.S. 89, 111 S. Ct. 2157, 115 L. Ed.2d 78 (1991)
and 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 Federal
Rules of Civil Procedure.
15th
SO ORDERED this ____________ day of May, 2017.

________________________
LOUISE W. FLANAGAN
United States District Judge