Davis v. Saul
This text of Davis v. Saul (Davis v. Saul) is published on Counsel Stack Legal Research, covering District Court, W.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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
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Davis v. Saul, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-saul-ncwd-2022.