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)

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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. ) ) ) ) ) ) ) ) ) ) ) ) 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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