Phifer v. Berryhill

Filing 16

ORDER granting 15 Motion to Remand to SSA. Signed by Chief Judge Frank D. Whitney on 10/19/17. (clc)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION DOCKET NO. 3:17-cv-00130-FDW-DSC CHRISTOPHER L. PHIFER, Plaintiff, vs. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) ORDER Defendant, Nancy A. Berryhill, Acting Commissioner of Social Security, has moved this Court under sentence four of 42 U.S.C. § 405(g) to enter a judgment reversing her decision and remanding this case for further administrative proceedings (Doc. No. 15). Plaintiff’s counsel does not oppose Defendant’s motion. Pursuant to the power of this Court to enter a judgment reversing and remanding the Commissioner’s decision in Social Security cases under sentence four of 42 U.S.C. § 405(g), this Court hereby 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). IT IS SO ORDERED. Signed: October 19, 2017

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