Britt v. Astrue

Filing 29

ORDER GRANTING 28 Defendant's Motion to Remand to the Commissioner for Further Proceedings. The Court hereby REVERSES the Commissioner's decision under sentence four and remands this case to the Commissioner for further proceedings. The clerk is directed to enter judgment accordingly. Signed by US District Judge Terrence W. Boyle on 11/27/2013. (Fisher, M.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:13-CV-39-BO DEVAULT. BRITT, Plaintiff, V. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) _) ORDER This matter is before the court on Plaintiffs Motion for Judgment on the Pleadings and Defendant's Motion for Remand to the Commissioner for Further Administrative Proceedings. Plaintiffs counsel has indicated that he does not oppose 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. ยง 405(g) and remands the case to the Commissioner for further proceedings. See Shalala v. Schaefer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 u.s. 89 (1991). The Clerk of Court is directed to enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. SO ORDERED this l l day of !J,..,.~, 2013. T NCB W. BOYLE UNITED STATES DISTRIC

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