Fink v. Colvin

Filing 9

ORDER denying as moot 6 Motion for Summary Judgment; granting 8 Motion to Remand.. Signed by Chief Judge Frank D. Whitney on 6/30/2017. (chh)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION DOCKET NO. 3:16-cv-00840-FDW MARGARET W. FINK, Plaintiff, vs. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) ORDER THIS MATTER is before the Court on Defendant Acting Commissioner of Social Security Nancy A. Berryhill’s Consent Motion to Remand (Doc. No. 8) pursuant to section four of 42 U.S.C. § 405(g). Plaintiff’s attorney consents to Defendant’s Motion. Accordingly, for good cause shown, the Court hereby GRANTS Defendant’s Motion (Doc. No. 8), REVERSES the Commissioner’s decision under sentence four of 42 U.S.C. section 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. 6) is DENIED as MOOT. IT IS SO ORDERED. Signed: June 30, 2017

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