Moore v. Colvin

Filing 11

ORDER dismissing as moot 9 Plaintiff's Motion for Summary Judgment; granting 10 Defendant's Consent Motion to Remand. TheCourt hereby REVERSES the decision of the Commissioner and REMANDSthis case for further administrative proceedings. Signed by District Judge Robert J. Conrad, Jr on 10/13/16. (emw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:16-cv-00071-RJC
MARSHA H. MOORE,

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

ORDER

THIS MATTER comes before the Court on Defendant’s Consent Motion to Remand.
(Doc. No. 10). 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.” See also Shalala v. Schaefer, 509 U.S. 292, 296–97 (1993); Melkonyan
v. Sullivan, 501 U.S. 89, 98 (1991).
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 42 U.S.C. § 405(g), and in light of Defendant’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) with a remand of the cause to the Commissioner for further
administrative proceedings, including a supplemental hearing.
Upon remand, the Administrative Law Judge (“ALJ”) shall hold a new hearing; take any
action needed to complete the administrative record; obtain further vocational expert testimony if

necessary; and issue a new decision. The ALJ is directed to evaluate and explain what weight is
afforded to all opinions found in the record; evaluate anew Plaintiff’s impairments in accordance
with Social Security regulations; reevaluate whether Plaintiff’s impairments meet a Listing;
further consider Plaintiff’s residual functional capacity; further evaluate Plaintiff’s subjective
complaints; and address and resolve any apparent conflicts in the record.
Because this matter is hereby remanded to the Commissioner, Plaintiff’s Motion for
Summary Judgment, (Doc. No. 9), is moot and shall be dismissed.
IT IS, THEREFORE, ORDERED that, for good cause shown:
1. Defendant’s Consent Motion to Remand, (Doc. No. 10), is GRANTED. The
Court hereby REVERSES the decision of the Commissioner and REMANDS
this case for further administrative proceedings.
2. Plaintiff’s Motion for Summary Judgment, (Doc. No. 9), is DISMMISSED as
moot.
3. The Clerk of Court is directed to enter a separate judgment pursuant to Federal
Rule of Civil Procedure 58 and to close this case.
Signed: October 13, 2016