-DLH Frantz v. Astrue, No. 2:2011cv00003 - Document 11 (W.D.N.C. 2011)

Court Description: ORDER OF REMAND - denying as moot 7 Motion for Summary Judgment; granting 9 Motion to Remand; IT IS FURTHER ORDERED that the decision of the Commissioner of Social Security is hereby REVERSED and the case is REMANDED; and IT IS FURTHER ORDERED that upon remand, the claim that is the subject of this case shall be consolidated with the later claim that resulted in a decision favorable to the Plaintiff, and the ALJ shall reconcile the two decisions. A Judgment of Remand is entered simultaneously herewith. The Clerk of Court is notified that this is a final judgment closing the case. Signed by District Judge Martin Reidinger on 9/15/11. (siw)

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-DLH Frantz v. Astrue Doc. 11 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NORTH CAROLINA BRYSON CITY DIVISION CIVIL CASE NO. 2:11cv003 TODD E. FRANTZ, ) ) ) ) ) ) ) ) ) ) Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ORDER OF REMAND ) THIS MATTER is before the Court on Defendant’s Consent Motion for Remand Under Sentence Four of 42 U.S.C. §405(g) [Doc.9]. Sentence four of 42 U.S.C. §405(g) provides in pertinent part, "[t]he court shall have the power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing." The parties have moved for reversal of the decision of the Defendant and remand for further administrative proceedings. Specifically, the parties ask that this matter be remanded to the Commissioner for further administrative action, including consolidation with the later claim that resulted in a decision favorable to the Plaintiff, and reconciliation of the two decisions by the ALJ. Dockets.Justia.com Based on the representations of the parties, the Court finds that reversal and remand are appropriate. Melkonyan v. Sullivan, 501 U.S. 89, 111 S.Ct. 2157, 115 L.Ed.2d 78 (1991). IT IS, THEREFORE, ORDERED that the parties' Consent Motion for Reversal and Remand pursuant to Sentence Four of 42 U.S.C. §405(g) [Doc. 9] is hereby GRANTED; and IT IS FURTHER ORDERED that the Plaintiff’s Motion for Summary Judgment [Doc. 7] is denied as moot; and IT IS FURTHER ORDERED that the decision of the Commissioner of Social Security is hereby REVERSED and the case is REMANDED; and IT IS FURTHER ORDERED that upon remand, the claim that is the subject of this case shall be consolidated with the later claim that resulted in a decision favorable to the Plaintiff, and the ALJ shall reconcile the two decisions. A Judgment of Remand is entered simultaneously herewith. The Clerk of Court is notified that this is a final judgment closing the case. Signed: September 15, 2011 2

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