Settlemyre v. Colvin

Filing 15

ORDER denying as moot 11 Motion for Summary Judgment; granting 13 Motion to Remand to Social Security Administration pursuant to Sentence Four of 42 U.S.C. § 405(g). Signed by District Judge Max O. Cogburn, Jr on 8/10/2017. (tmg)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION DOCKET NO. 5:17-cv-00015-MOC-DLH BILLIE JEAN SETTLEMYRE, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security Defendant. ORDER THIS MATTER is before the court defendant’s Motion to Remand (#13). Having considered the motion and reviewed the pleadings, the court enters the following Order. Pursuant to the power of this Court to enter a judgment affirming, modifying, or reversing defendant’s decision with remand in Social Security actions under sentence four of 42 U.S.C. § 405(g), and in light of defendant’s motion to remand this action for further administrative proceedings and development, the Court hereby remands this case to defendant, pursuant to sentence four of 42 U.S.C. § 405(g), for further administrative proceedings and development. See Shalala v. Schaefer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991). ORDER IT IS, THEREFORE, ORDERED that: 1 1. Defendant’s Motion to Remand (#13), pursuant to sentence four, is GRANTED; 2. This matter is REMANDED to the Commissioner for further administrative proceedings; 3. This action is DISMISSED; and 4. Plaintiff’s Motion for Summary Judgment (#11) is DENIED as MOOT as the case will be remanded for further administrative proceedings. The Clerk of Court is respectfully requested to enter Judgment in this action dismissing the case. Signed: August 10, 2017 2

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