Avalos v. Kijakazi

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Civ. No. 5:22-cv-00493-BO-RJ MARIANA AVALOS, ) ) Plaintiff, ) ) ORDER KILOLO KIJAKAZI, ) Commissioner of Social Security, ) ) Defendant. ) This matter is before the Court based on Plaintiffs Memorandum in Support of Motion for Judgment on the Pleadings and the parties’ Joint Motion for Reversal and Remand Under Sentence Four of 42 U.S.C. § 405(g). The Court hereby grants the parties’ joint motion and reverses and remands the case to the Commissioner for the calculation of benefits based on a finding of disability as of September 25, 2014 as provided in Plaintiffs application for disability insurance benefits filed on October 27, 2016. See Shalala v. Schaefer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991). The Clerk of the Court is directed to enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. SO ORDERED this # / day of & 2023. aaeeel LY TERENCE W. BOYLE United States District Judge