Davis v. Saul

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION DOCKET NO. 1:21-CV-139-MOC SANDRA DAVIS, ) ) Plaintiff, ) ) v. ) ORDER ) KILOLO KIJAKAZI, ) Acting Commissioner of Social Security, _) ) Defendant. ) THIS MATTER is before the Court on Defendant’s Motion to Remand to the Social Security Administration for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). (Doc. No. 16). Plaintiff consents to the Motion. (Id.). IT IS, THEREFORE, ORDERED that, pursuant to the power of this Court to enter a judgment reversing the Acting Commissioner’s decision with remand in Social Security actions under sentence four of 42 U.S.C. § 405(g), the Acting Commissioner’s decision is REVERSED with a remand of the case to the Acting Commissioner for further administrative proceedings. See Shalala v. Schaefer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991). Finally, because the case is being remanded, Plaintiff's pending Motion for Summary Judgment, (Doc. No. 13), shall be terminated as MOOT.

Signed: March 18, 2022

Biever SS Max O. Cogburn i ) United States District Judge Tote t