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Caldwell v. Colvin

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION
Jan 21, 2015
No. 5:14-CV-77-FL (E.D.N.C. Jan. 21, 2015)

Summary

finding failure to affirmatively ask about possible conflicts was harmless error where the DOT is silent as to a sit/stand option

Summary of this case from Williams v. Colvin

Opinion

No. 5:14-CV-77-FL

01-21-2015

CHERYL ANN CALDWELL, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.


JUDGMENT

Decision by Court. This action came before the Honorable Louise W. Flanagan, United States District Judge, for consideration of the parties' cross-motions for judgment on the pleadings and the memorandum and recommendation entered by the United States Magistrate Judge, to which no objections were filed. IT IS ORDERED, ADJUDGED AND DECREED in accordance with the court's order entered January 21, 2015, and for the reasons set forth more specifically therein, that plaintiff's motion for judgment on the pleadings is granted and defendant's motion for judgment on the pleadings is denied. This matter is remanded to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with the memorandum and recommendation. This Judgment Filed and Entered on January 21, 2015, and Copies To:
R. David Wicker, Jr. (via CM/ECF Notice of Electronic Filing)
Mark J. Goldenberg (via CM/ECF Notice of Electronic Filing)
January 21, 2015

JULIE A. RICHARDS, CLERK

/s/ Christa N. Baker

(By) Christa N. Baker, Deputy Clerk


Summaries of

Caldwell v. Colvin

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION
Jan 21, 2015
No. 5:14-CV-77-FL (E.D.N.C. Jan. 21, 2015)

finding failure to affirmatively ask about possible conflicts was harmless error where the DOT is silent as to a sit/stand option

Summary of this case from Williams v. Colvin
Case details for

Caldwell v. Colvin

Case Details

Full title:CHERYL ANN CALDWELL, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION

Date published: Jan 21, 2015

Citations

No. 5:14-CV-77-FL (E.D.N.C. Jan. 21, 2015)

Citing Cases

Williams v. Colvin

However, because the DOT is silent as to a sit/stand option, there is no conflict between the VE's testimony…