Toney v. Colvin

Filing 14

ORDER granting 13 Motion to Remand. The Court hereby REVERSES the prior decision of the Commissioner and REMANDS the matter for further administrative proceedings. Signed by District Judge Max O. Cogburn, Jr on 6/2/2017. (chh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:16-cv-00832-MOC
BRENDA TONEY,

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Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security
Defendant.

ORDER

THIS MATTER is before the court on the defendant’s Motion for Remand (#13). The
plaintiff, via counsel, has consented to the Motion. Under relevant law and case precedent, the
court has the authority, under sentence four of 42 U.S.C. § 405, to reverse a Commissioner’s
prior decision and remand the matter for further administrative proceedings. See Shalala v.
Schaefer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991). Having considered
the Motion and reviewed the pleadings, the court enters the following Order.
ORDER
IT IS, THEREFORE, ORDERED that defendant’s Motion for Remand (#13) is
GRANTED, for good cause shown. Pursuant to sentence four of 42 U.S.C. § 405 (g) and
relevant case law, the court hereby REVERSES the prior decision of the Commissioner and
REMANDS the matter for further administrative proceedings.
Signed: June 2, 2017

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