Roberts v. Colvin

Filing 9

ORDER granting Deft's 8 Consent Motion to Remand to Social Security Administration, and reversing the Commissioner's decision pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. Signed by Chief Judge Frank D. Whitney on 3/29/17. (ejb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
DOCKET NO. 1:16-cv-00346-FDW
KENNY D. ROBERTS,
Plaintiff,
vs.
NANCY
A.
BERRYHILL,
Commissioner of Social Security,
Defendant.

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ORDER

THIS MATTER is before the Court on Defendant’s Consent Motion to Remand to the
Social Security Administration (Doc. No. 8). For the reasons stated in the motion, it is GRANTED.
IT IS THEREFORE ORDERED that pursuant to the power of this Court to enter a
judgment affirming, modifying, or reversing Defendant’s decision with remand in Social Security
actions under sentence four of 42 U.S.C. § 405(g), and in light of Defendant’s motion, with
Plaintiff’s consent, the Court hereby REVERSES the Commissioner’s decision pursuant to
sentence four of 42 U.S.C. § 405(g) with a remand of the case to the Commissioner for further
proceedings. See Melkonyan v. Sullivan, 501 U.S. 89 (1991).
The clerk of the Court will enter a separate judgment pursuant to Rule 58 of the Federal
Rules of Civil Procedure.
IT IS SO ORDERED.
Signed: March 29, 2017