Martinez v. Berryhill

Filing 9

ORDER granting 8 Motion to Remand to Social Security Administration. FURTHER ORDERED that, pursuant to sentence four of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), the decision of the Commissioner of Social Security is hereby REVERSED and this case is hereby REMANDED for further administrative proceedings, consistent with this Order. Signed by District Judge Martin Reidinger on 10/28/2017. (brl)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL CASE NO. 3:17-cv-00207-MR

ROSSE MARY MARTINEZ,

)
)
Plaintiff,
)
)
vs.
)
)
NANCY A. BERRYHILL, Acting
)
Commissioner of Social Security
)
Administration,
)
)
Defendant.
)
_______________________________ )

ORDER OF REMAND

THIS MATTER is before the Court on the Defendant’s Consent Motion
for Reversal and Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g).
[Doc. 8].
Sentence four of 42 U.S.C. § 405(g) provides, in pertinent part, that
“[t]he court shall have power to enter, upon the pleadings and transcript of
the record, a judgment affirming, modifying, or reversing the decision of the
Commissioner of Social Security, with or without remanding the cause for a
rehearing.” The Defendant here has moved for reversal of her decision and
for remand of this case for further administrative proceedings.

For the

reasons stated in the Defendant’s motion, the Court finds that remand is
appropriate. See Melkonyan v. Sullivan, 501 U.S. 89 (1991).
IT IS, THEREFORE, ORDERED that the Defendant’s Consent Motion
for Reversal and Remand [Doc. 8] is GRANTED.
IT IS FURTHER ORDERED that, pursuant to sentence four of section
205(g) of the Social Security Act, 42 U.S.C. § 405(g), the decision of the
Commissioner of Social Security is hereby REVERSED and this case is
hereby REMANDED for further administrative proceedings, consistent with
this Order.
The Clerk of Court shall enter a separate Judgment of Remand
simultaneously herewith, thereby closing the case.
IT IS SO ORDERED.
Signed: October 28, 2017

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