Ward v. Astre

Filing 20

AMENDED ORDER granting 18 Consent MOTION to Remand to Social Security Administration under sentence four of section 405(g)); reversing the decision of the Commissioner and remanding the case for further administrative proceedings. Signed by District Judge Robert J. Conrad, Jr on 1/16/14. Amending 19 Order.(ejb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:13-cv-35-RJC
PAULA R. WARD,

)
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Plaintiff,
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v.
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CAROLYN W. COLVIN,1
)
Acting Commissioner of
)
Social Security Administration,
)
)
Defendant.
)
__________________________________________ )

AMENDED ORDER

THIS MATTER comes before the Court on Defendant’s unopposed motion to reverse
the Commissioner’s decision and remand this case to the Commissioner for further action. (Doc.
No. 18). Under sentence four of 42 U.S.C. § 405(g), “[t]he court shall have the power to enter,
upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing
the decision of the Commissioner of Social Security, with or without remanding the cause for a
rehearing.”2 Melkonyan v. Sullivan, 501 U.S. 89, 98 (1991). The Defendant moves this Court to
reverse the Commissioner’s decision and remand the matter to the Commissioner for further
proceedings. For good cause shown, this motion is GRANTED.
The Commissioner contends that remand would be appropriate to reassess Plaintiff’s
maximum residual functional capacity. (Doc. No. 18).

Defendant filed the present action on October 22, 2012 to appeal Michael J. Astrue’s denial of
her social security claim. Carolyn W. Colvin became the Acting Commissioner of Social
Security on February 14, 2013. Pursuant to rule 25(d) of the Federal Rules of Civil Procedure,
Carolyn W. Colvin was substituted for Michael J. Astrue as the Defendant in this suit.
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On January 10, 2014, this Court entered an order remanding this case under sentence six of 42
U.S.C. § 405(g). (Doc. No. 19). This order establishes that remand in this case is under sentence
four of 42 U.S.C. § 405(g).
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Accordingly, the Court hereby REVERSES the decision of the Commissioner and
REMANDS this case for further administrative proceedings.
IT IS, THEREFORE, ORDERED, for good cause shown, that Defendant’s Motion for
Remand, (Doc. No. 18), is GRANTED.
Signed: 1/16/2014

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