Whitted v. Colvin
Filing
12
ORDER granting Deft's 11 Consent Motion to Remand to Social Security Administration for further administrative proceedings; and denying as moot Pltf's 9 Motion for Summary Judgment. Signed by District Judge Richard Voorhees on 2/27/17. (ejb)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CASE NO. 1:16-CV-00101-RLV
STACY L. WHITTED,
Plaintiff,
v.
NANCY A. BERRYHILL, ACTING
COMMISSIONER OF SOCIAL
SECURITY,1
Defendant.
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ORDER
The Acting Commissioner of Social Security, has moved this Court, pursuant to sentence
four of 42 U.S.C. § 405(g), to enter a judgment remanding this matter for further administrative
proceedings. (Doc. 11). In her motion, Defendant represents that Plaintiff’s counsel consents to
the Motion to Remand. Plaintiff has not filed a response to Defendant’s motion, and the time to
file a response has elapsed. Pursuant to the power of this Court under sentence four of 42 U.S.C.
§ 405 (g), this Court GRANTS Defendant’s Motion to Remand (Doc. 15). See Melkonyan v.
Sullivan, 501 U.S. 89 (1991). Furthermore, in light of Plaintiff’s consent to Defendant’s Motion
to Remand, Plaintiff’s Motion for Summary Judgment (Doc. 9) is DENIED as moot.
Signed: February 27, 2017
1
Nancy A. Berryhill became Acting Commissioner of Social Security on January 23, 2017. The Clerk is directed to
substitute Nancy A. Berryhill for Carolyn W. Colvin as the Defendant in this matter. See Fed. R. Civ. P. 25(d); see
also 42 U.S.C. § 405(g) (“Any action instituted in accordance with this subsection shall survive notwithstanding any
change in the person occupying the office of Commissioner of Social Security or any vacancy in such office.”).
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