Bird v. Commissioner of Social Security Administration

Filing 39

ORDER remanding the action to the Commissioner for further proceedings consistent with the Fourth Circuit's opinion. Signed by the Honorable Cameron McGowan Currie on 05/08/2013. (bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Earl Matthew Bird

)
)
Plaintiff,
)
)
v.
)
)
Carolyn W. Colvin,
)
Acting Commissioner of Social Security
)
1
Administration,
)
)
Defendant.
)
__________________________________________)

C/A No. 3:09-2689-CMC-JRM

ORDER

In light of the decision of the United States Court of Appeals in Bird v. Commissioner of
Social Security, 699 F.3d 337(4th Cir. 2012), the court’s order and judgment dated March 4, 2011
(Dkt. Nos. 19, 20) are vacated. This action is remanded to the Commissioner for further proceedings
consistent with the Fourth Circuit’s opinion.
IT IS SO ORDERED.

S/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
UNITED STATES DISTRICT JUDGE
Columbia, South Carolina
May 8, 2013

1

Carolyn W. Colvin is substituted as the Defendant in this action because she became the
Acting Commissioner of Social Security on February 14, 2013. As provided in the Social Security
Act, “[a]ny action instituted in accordance with this subsection shall survive notwithstanding any
change in the person occupying the office of Commissioner of Social Security or any vacancy in such
office.” 42 U.S.C. § 405(g).
1