Volrath v. Colvin

Filing 18

ORDER that parties shall confer as directed and advise the Court in writing on or before 6/15/2015 as to whether a remand pursuant to sentence four of 42 U.S.C. 405(g) is appropriate. See Order for further instruction. Signed by District Judge Martin Reidinger on 05/29/2015. (klb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:14-cv-00191-MR

MARK ALAN VOLRATH,

)
)
Plaintiff,
)
)
vs.
)
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CAROLYN W. COLVIN, Acting
)
Commissioner of Social Security,
)
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Defendant.
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________________________________ )

ORDER

THIS MATTER comes before the Court sua sponte.
The parties are hereby directed to confer with one another and discuss
in good faith whether the recent decision of the Court of Appeals for the
Fourth Circuit in Mascio v. Colvin, 780 F.3d 632 (4th Cir. 2015), requires a
remand in this case for rehearing or other administrative proceedings
pursuant to sentence four of 42 U.S.C. § 405(g). Once the parties have
conferred, the parties shall advise the Court whether a remand is
appropriate.

If the parties do not jointly consent to a remand, then

supplemental briefing may be filed by the parties.
IT IS, THEREFORE, ORDERED that the parties shall confer as
directed in this Order and advise the Court in writing on or before June 15,

2015, as to whether a remand pursuant to sentence four of 42 U.S.C. §
405(g) is appropriate. If the parties do not propose a consent remand, the
parties may file supplemental briefs, not to exceed ten (10) pages,
addressing the Mascio decision on or before June 30, 2015.
IT IS SO ORDERED.

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