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.


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.



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