Jenkins v. Colvin

Filing 21

MEMORANDUM DECISION AND ORDER - This Court hereby REVERSES the Commissioners decision under sentence four of 42 U.S.C. § 405(g) with a REMAND to the Commissioner for further administrative proceedings. Signed by Magistrate Judge Brooke C. Wells on 5/4/2017. (las)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH

FRANKLIN JENKINS,
Court No. 2:16-cv-01114-BCW
Plaintiff,
vs.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,

MEMORANDUM DECISION AND
ORDER GRANTING UNOPPOSED
MOTION TO REVERSE AND
REMAND AND CLOSING THE CASE
Magistrate Judge Brooke C. Wells

Defendant.

Defendant, the Acting Commissioner of Social Security (Commissioner), by and through
her counsel, has filed an unopposed motion with this Court, pursuant to sentence four of
42 U.S.C. § 405(g), to enter a judgment with an order of reversal with remand of the case to the
Commissioner for further administrative proceedings. On order of the Court, the Social Security
Administration’s Appeals Council will vacate the administrative law judge’s (ALJ’s) decision
and instruct the ALJ to conduct a de novo review.
Pursuant to the power of this Court to enter a judgment affirming, modifying, or
reversing the Commissioner’s decision with remand in Social Security actions under sentence
four of 42 U.S.C. § 405(g), and in light of the Commissioner’s request for remand of this action
for further proceedings, this Court hereby REVERSES the Commissioner’s decision under

sentence four of 42 U.S.C. § 405(g) with a REMAND to the Commissioner for further
administrative proceedings as set forth above. 1 See Shalala v. Schaefer, 509 U.S. 292 (1993).
The Clerk of Court is directed to close this case.
DATED this 4 May 2017.

Brooke C. Wells
United States Magistrate Judge

1

The Clerk of the Court will enter a separate judgment pursuant to the Federal Rules of Civil Procedure,
Rule 58.
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