JACQUEZ v. BERRYHILL

Civil No. 5:17-cv-00011-FDW-DSC.

GUADALUPE JACQUEZ JR., Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.

United States District Court, W.D. North Carolina, Statesville Division.

Editors Note
Applicable Law: 42 U.S.C. § 0205
Cause: 42 U.S.C. § 0205 Denial Social Security Benefits
Nature of Suit: 863 Social Security: DIWC/DIWW
Source: PACER


Attorney(s) appearing for the Case

Guadalupe Jacquez, Jr., Plaintiff, represented by Amelia N. Patton , Patton Law Offices P.L.L.C..

Nancy A. Berryhill, Defendant, represented by Kathleen Carole Buckner , Social Security Administration.


ORDER

FRANK D. WHITNEY, Chief District Judge.

Defendant, Nancy A. Berryhill, Acting Commissioner of Social Security, has moved this Court, pursuant to sentence four of 42 U.S.C. § 405(g), to enter a judgment reversing her decision with a remand of the case for further administrative proceedings. (Doc. No. 12). Plaintiff's attorney consents to Defendant's Motion.

Pursuant to the power of this Court to enter a judgment reversing the Commissioner's decision with remand in Social Security actions under sentence four of 42 U.S.C. § 405(g), this Court hereby GRANTS Defendant's Motion (Doc. No. 12), REVERSES the Commissioner's decision under sentence four of 42 U.S.C. § 405(g) and REMANDS the case to the Commissioner for further proceedings. See Melkonyan v. Sullivan, 501 U.S. 89 (1991). Consequently, Plaintiff's Summary Judgment Motion (Doc. No. 10) is DENIED as MOOT.

IT IS SO ORDERED.


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