Ward v. Carolyn W. Colvin

Filing 13

ORDER that this Court hereby reverses the Commissioner's decision and remands the case for a new hearing. The Clerk is directed to administratively close this case. Signed by District Judge Robert J. Conrad, Jr on 3/30/15. (smj)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
5:14-cv-1-RJC
FELECIA BRAY WARD,

)
)
Plaintiff,
)
)
vs.
)
)
)
CAROLYN W. COLVIN,
)
Acting Commissioner of Social Security )
)
Defendant.
)
____________________________________ )

ORDER

THIS MATTER comes before the Court on Defendant’s Amended Motion for Summary
Judgment, (Doc. No. 10), and Memorandum in Support, (Doc. No. 11), Plaintiff’s Motion for
Summary Judgment and Memorandum in Support, (Doc. No. 8), and Plaintiff’s Response in
Opposition to Defendant’s Amended Motion for Summary Judgment, (Doc. No. 12).
Under sentence four of 42 U.S.C. § 405(g), the Court has the “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.”
Melkonyan v. Sullivan, 501 U.S. 89, 98 (1991). In light of the recent 4th Circuit ruling in Mascio
v. Colvin, 2015 WL 1219530 (4th Cir. March 18, 2015), this Court reverses the Commissioner’s
decision and remands the case for a new hearing.
On remand, the Administrative Law Judge will be directed to (1) conduct a new hearing
and (2) provide a new hearing decision consistent with the function-by-function analysis
requirements set forth in Mascio v. Colvin, 2015 WL 1219530 (4th Cir. Mar. 18, 2015).
Pursuant to the power of this Court to enter a judgment reversing the Commissioner’s

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decision with remand in Social Security actions under sentence four of 42 U.S.C. § 405(g), this
Court hereby REVERSES the Commissioner’s decision and REMANDS the case for a new
hearing. The Clerk of Court is directed to administratively close this case.
Signed: March 30, 2015

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