Warren v. Berryhill

Filing 11

ORDER granting 10 Defendant's Motion to Remand to Social Security Administration, REVERSING the Commissioner's decision under sentence four of 42 U.S.C. § 405(g), and REMANDING the case to the Commissioner for further proceedings. Consequently, Plaintiff's 9 Motion for Summary Judgment is DENIED as MOOT. Signed by Chief Judge Frank D. Whitney on 7/28/2017. (khm)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION Civil No. 1:17-cv-00042-FDW ALEXANDRA SHERMAN WARREN, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ORDER Defendant, Nancy A. Berryhill, Acting Commissioner of Social Security, has moved this Court, pursuant to sentence four of 42 U.S.C. § 405(g), to enter a judgment reversing her decision with a remand of the case for further administrative proceedings. (Doc. No. 10). Plaintiff's attorney consents to Defendant’s Motion. Pursuant to the power of this Court to enter a judgment reversing the Commissioner’s decision with remand in Social Security actions under sentence four of 42 U.S.C. § 405(g), this Court hereby GRANTS Defendant’s Motion (Doc. No. 10), REVERSES the Commissioner’s decision under sentence four of 42 U.S.C. § 405(g) and REMANDS the case to the Commissioner for further proceedings. See Melkonyan v. Sullivan, 501 U.S. 89 (1991). Consequently, Plaintiff’s Summary Judgment Motion (Doc. No. 9) is DENIED as MOOT. SO ORDERED. Signed: July 28, 2017

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