Foster v. Social Security Administration

Filing 28

OPINION AND ORDER by Magistrate Judge Steven P. Shreder DENYING 23 Motion to Alter or Amend Judgment by Social Security Administration. (ndd, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
LORESA S. FOSTER,

)
)
Plaintiff,
)
v.
)
)
NANCY A. BERRYHILL,
)
Acting Commissioner of the Social )
Security Administration,1
)
)
Defendant.
)

Case No. CIV-15-379-SPS

OPINION AND ORDER
This matter comes before the Court on the Defendant’s Motion to Alter or Amend
Judgment Pursuant to Fed. R. Civ. P. 59(e) [Docket No. 23]. For the reasons set forth by
the Court in CIV-15-377-RAW-SPS, Uitts v. Berryhill, including the lack of “undue
prejudice to the government in remanding on a narrow point when no payment of benefits
has yet been ordered,” the Motion of the Defendant [Docket No. 23] is hereby DENIED.
DATED this 11th day of July, 2017.

1

On January 23, 2017, Nancy A. Berryhill became the Acting Commissioner of Social Security. In
accordance with Fed. R. Civ. P. 25(d), Ms. Berryhill is substituted for Carolyn Colvin as the Defendant in
this action.