Twitty v. Colvin

Filing 11

ORDER GRANTING 10 Defendant's Motion to Remand, REVERSING the Commissioner's decision under sentence four of 42 U.S.C. section 405(g) and REMANDING the case to the Commissioner for further proceedings. Plaintiff's 8 Motion for Summary Judgment is DENIED as MOOT. Signed by Chief Judge Frank D. Whitney on 10/11/2016. (khm)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
DOCKET NO. 1:16-cv-00080-FDW-DSC
ANTHONY P. TWITTY,
Plaintiff,
vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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ORDER

THIS MATTER is before the Court on Defendant Acting Commissioner of Social
Security Carolyn W. Colvin’s Consent Motion to Remand. (Doc. No. 10). Plaintiff has consented
to this remand.
Accordingly, for good cause shown, the Court hereby GRANTS Defendant’s Motion,
REVERSES the Commissioner’s decision under sentence four of 42 U.S.C. section 405(g) and
REMANDS the case to the Commissioner for further proceedings. See Shalala v. Schaefer, 509
U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991). Consequently, Plaintiff’s Summary
Judgment Motion (Doc. No. 8) is DENIED as MOOT.
SO ORDERED.
Signed: October 11, 2016