Blackburn v. SSA

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY SOUTHERN DIVISION at PIKEVILLE

JANET ARLENE BLACKBURN, ) ) Plaintiff, ) Civil No. 7:19-65-JMH ) v. ) ) KILOLO KIJAKAZI, Acting ) MEMORANDUM ORDER Commissioner of Social ) Security, ) ) Defendant. ) ) ** ** ** ** **

This matter is before the Court on the Commissioner’s motion to remand this case to the Social Security Administration for further administrative proceedings in light of Hicks v. Commissioner of Social Security, 909 F.3d 786 (6th Cir. 2018). (DE 21). As grounds, the Commissioner states that he has consulted with Plaintiff’s counsel – who states no objection — and outlines the specific procedures expected to occur at remand, as well as the outcomes expected to be achieved. (Id., ¶¶ 4-5). Sentence four of 42 U.S.C. § 405(g) provides that the Court may, upon the pleadings and the transcript of the administrative record, enter judgment and remand the case to the Commissioner for a rehearing and a new decision. Therefore, the Court, having reviewed the record and being sufficiently advised, IT IS ORDERED as follows: (1) The Commissioner’s Motion to Remand (DE 21) is GRANTED; and (2) The Court SHALL enter a Judgment by Separate Order. This the 27th day of September, 2021.