Gonzalez v. Colvin

Filing 14

ORDER denying as moot 11 Motion for Summary Judgment; granting 13 Motion to Remand to Social Security. Signed by District Judge Richard Voorhees on 7/14/17. (mga)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CASE NO.: 3:16-cv-00864-RLV JASMINE M. GONZALEZ, ) ) 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 to enter a judgment reversing her decision and remanding this case for further administrative proceedings. (Doc. 13). In her Consent Motion for Reversal and Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g), Defendant represents that Plaintiff’s counsel consents to the Motion. Pursuant to the power of this Court to enter a judgment reversing the Commissioner’s decision with remand in Social Security actions, this Court GRANTS Defendant’s Consent Motion for Reversal and Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g) (Doc. 13), 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). Furthermore, in light of Plaintiff’s consent to Defendant’s Motion, Plaintiff’s Motion for Summary Judgment (Doc. 11) is DENIED as moot. Signed: July 14, 2017

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