Williams v. Colvin

Filing 13

ORDER denying as moot 10 Defendant's Motion for Summary Judgment; granting 12 Plaintiff's Motion to Remand. The Court REVERSES the Commissioner's decision under sentence four of 42 U.S.C. § 405(g) and REMANDS this case to the Commissioner for further proceedings. Signed by Magistrate Judge Dennis Howell on 03/31/17. (emw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:16cv311
JACQUELINE NICOLE WILLIAMS,
Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.
_______________________________

)
)
)
)
)
)
)
)
)
)
)

ORDER

Pending before the Court is the Motion for Summary Judgment [# 10] and
Consent Motion to Remand [# 12]. 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 the government’s request to remand this action for further administrative
proceedings, the Court GRANTS the Consent Motion to Remand [# 12]. The
Court REVERSES the Commissioner’s decision under sentence four of 42 U.S.C.
§ 405(g) and REMANDS this case to the Commissioner for further proceedings.
See Melkonyan v. Sullivan, 501 U.S. 89, 111 S. Ct. 2157(1991). The Court
DENIES as moot the pending Motion for Summary Judgment [# 10]. Finally, the

-1-

Court DIRECTS the Clerk to CLOSE this case.

Signed: March 31, 2017

-2-