Plummer v. Colvin

Filing 24

ORDER granting 22 Motion to Remand to Social Security Administration. Signed by Senior Judge James C. Fox on 3/7/2017. (Edwards, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:16-CV-000155-F
BRENDA ROSE PLUMMER,
Plaintiff,

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

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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
I

section 205(g) and 1631(c)(3) ofthe 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 ofthe 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.
SO ORDERED this~ day of March 2017.

JJ::ns: f.,;.
Senior U.S. District Judge

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).