Summary
This United States District Court order addresses a Social Security disability appeal brought against the Acting Commissioner of Social Security. Upon the plaintiff's consent, the court reversed the Commissioner's prior decision pursuant to 42 U.S.C. § 405(g) and remanded the matter for further proceedings. The clerk was subsequently directed to enter a separate judgment under Federal Rule of Civil Procedure 58.
Topics
Practice areas
Questions Presented
- Whether the Commissioner’s decision should be reversed under 42 U.S.C. § 405(g) and the case remanded for further proceedings
- Whether the plaintiff is entitled to judgment on the pleadings.
Holdings
- The Court reverses the Commissioner’s decision under 42 U.S.C. § 405(g) and remands the case to the Commissioner for further proceedings.
- The Court grants the plaintiff’s motion for judgment on the pleadings.
Key quotations
“For good cause shown, the Court hereby 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.” (0)
Factual background
Stephanie Burnside applied for Social Security benefits and was denied by Acting Commissioner Carolyn Colvin. The plaintiff sued seeking reversal of the denial under 42 U.S.C. § 405(g).
Procedural history
Plaintiff Stephanie Burnside sought Social Security benefits; the Commissioner denied the claim; the plaintiff filed suit in the Eastern District of North Carolina; the court considered motions for judgment on the pleadings and for remand.
Remand instructions
Remand the case to the Commissioner for further proceedings.