Volrath v. Colvin

Filing 23

JUDGMENT that the decision of the Commissioner is REVERSED and thiscase is hereby REMANDED for further administrative proceedings. Signed by District Judge Martin Reidinger on 09/07/15. (emw)

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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. ) ) CAROLYN W. COLVIN, Acting ) Commissioner of Social Security, ) ) Defendant. ) _______________________________ ) JUDGMENT FOR THE REASONS stated in the Memorandum of Decision and Order entered contemporaneously herewith, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the Defendant’s Motion for Summary Judgment is DENIED; the Plaintiff’s Motion for Summary Judgment is GRANTED to the extent that the Plaintiff seeks reversal of the Commissioner’s decision denying her disability benefits; to the extent that the Plaintiff seeks an immediate award of benefits, the Plaintiff’s Motion for Judgment on the Pleadings is DENIED; and Plaintiff’s Motion to Receive New and Material Evidence and Remand Case is DENIED AS MOOT. Pursuant to the power of this Court to enter a judgment affirming, modifying or reversing the decision of the Commissioner under Sentence Four of 42 U.S.C. § 405(g), the decision of the Commissioner is REVERSED and this case is hereby REMANDED for further administrative proceedings. Signed: September 7, 2015 2

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