Hartsfield v. Colvin

Filing 14

ORDER granting 13 Motion to Remand to Social Security Agency. Signed by District Judge Terrence W. Boyle on 2/15/2017. (Stouch, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Civ. No. 5:16-cv-00813-BO
WILLIAM A. HARTSFIELD,
Plaintiff,

v.
NANCY A. BERRYHILL, 1
Acting Commissioner of Social Security,
Defendant.

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ORDER

This matter is before the Court on Plaintiffs Motion for Judgment on the Pleadings and
Defendant's Motion for Remand to the Commissioner. Mr. Hartsfield, through counsel, consents
to Defendant's Motion for Remand to the Commissioner.
For good cause shown, the Court hereby 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 Shalala v. Schaefer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89
(1991).
The Clerk of the Court is directed to enter a separate judgment pursuant to Rule 58 of the

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II

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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).

Federal Rules of Civil Procedure.
SO ORDERED this

/~-day of February, 2017.

~fl.~

United States District Judge

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