McSwain v. Berryhill

Filing 14

ORDER granting 13 Motion to Remand to Social Securityand REVERSES the Commissioners decision under sentence four of 42 U.S.C. § 405 (g) with a remand of the cause to the Commissioner for further proceedings. Signed by District Judge Robert J. Conrad, Jr on 06/19/2018. (brl)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3-17-cv-00319-RJC
BILLY G. McSWAIN
Plaintiff,

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

The Defendant, Nancy A. Berryhill, Acting Commissioner of Social Security,
has moved this Court, pursuant to sentence four of 42 U.S.C. § 405(g), to enter a
judgment reversing her decision with a remand of the cause for further
administrative proceedings.

Plaintiff’s counsel consented to the Commissioner’s

Motion.
Pursuant to the power of this Court to enter a judgment reversing the
Commissioner’s decision with remand in Social Security actions under sentence four
of 42 U.S.C. § 405 (g), this Court hereby GRANTS the parties’ Consent Motion to
Remand, (Doc. No. 13), and REVERSES the Commissioner’s decision under sentence
four of 42 U.S.C. § 405 (g) with a remand of the cause to the Commissioner for further
proceedings. See Melkonyan v. Sullivan, 501 U.S. 89 (1991).
Signed: June 19, 2018