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)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
DOCKET NO. 5:17-cv-00015-MOC-DLH
BILLIE JEAN SETTLEMYRE,

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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:

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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

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