Fay, II v. Colvin

Filing 16

ORDER that the parties shall advise the Court via Status Report to be filed on or before 10/9/2015 whether remand to the Commissioner of Social Security is appropriate and certify that they have discussed Mascio, and its implications, if any, in this case. (See order for details.) Signed by Chief Judge Frank D. Whitney on 9/23/2015. (khm)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
DOCKET NO. 2:14-cv-00050-FDW
John L. Fay, II,
Plaintiff,
vs.
CAROLYN W. COLVIN,
Commissioner
of
Social
Administration,
Defendant.

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ORDER

THIS MATTER is before the Court sua sponte in light of Mascio v. Colvin, 780 F.3d 632
(4th Cir. 2015),1 the parties are directed to discuss, in good faith, whether the ruling in Mascio
requires sentence four remand pursuant to 42 U.S.C. § 405(g) for rehearing or other administrative
proceedings. The parties shall advise the Court via Status Report to be filed on or before October
9, 2015 whether remand to the Commissioner of Social Security is appropriate and certify that
they have discussed Mascio and its implications, if any, in this case. If the parties disagree as to
whether Mascio requires remand, the parties may file a supplement to their summary judgment
briefs, limited to 1,500 words, on or before October 23, 2015.
SO ORDERED.
Signed: September 23, 2015

1

The mandate issued on May 11, 2015, after Plaintiff’s motion for summary judgment was filed.